UMG Recordings, Inc. et al v. Veoh Networks, Inc. et al, No. 2:2007cv05744 - Document 81 (C.D. Cal. 2008)

Court Description: JOINT STIPULATION to MOTION to Compel Further Responses and for Production of Documents from Plaintiffs UMG Recording, Inc. et al. 73 filed by Defendant Veoh Networks, Inc.. (Attachments: # 1 Proposed Order Granting Veoh's Motion to Compel Further Responses and For Production of Documents from Plaintiffs)(Calkins, Rebecca)

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UMG Recordings, Inc. et al v. Veoh Networks, Inc. et al 1 2 3 4 5 6 7 8 9 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 11 12 13 14 15 16 Doc. 8 Rebecca Lawlor Calkins (SBN: 195593) Email: rcalkins@winston.com Erin R. Ranahan (SBN: 235286) Email: eranahan@winston.com WINSTON & STRAWN LLP 333 South Grand Avenue, 38th Floor Los Angeles, CA 90071-1543 Telephone: 213-615-1700 Facsimile: 213-615-1750 RE: DKT # 73 Jennifer A. Golinveaux (SBN 203056) Email: jgolinveaux@winston.com WINSTON & STRAWN LLP 101 California Street San Francisco, CA 94111 (415) 591-1506 (Telephone) (415) 591-1400 (Facsimile) Michael S. Elkin (pro hac vice) Email: melkin@winston.com Thomas P. Lane (pro hac vice) Email: tlane@winston.com WINSTON & STRAWN LLP 200 Park Avenue New York, New York 10166 (212) 294-6700 (Telephone) (212) 294-4700 (Facsimile) Attorneys for Defendant VEOH NETWORKS, INC. 17 UNITED STATES DISTRICT COURT 18 CENTRAL DISTRICT OF CALIFORNIA 19 WESTERN DIVISION 20 21 22 23 24 25 26 27 28 UMG RECORDINGS, INC., et al., ) ) Plaintiffs, ) ) vs. ) ) VEOH NETWORKS, INC. a California ) Corporation, DOES 1-10, inclusive, ) ) Defendants. ) ) ) ) ) ) 1 Case No. CV 07 5744 – AHM (AJWx) Discovery Matter JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH NETWORKS, INC.'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS FROM PLAINTIFFS UMG RECORDINGS, INC., ET AL. [Filed Concurrently With: [Proposed] Order; Declaration of Rebecca Lawlor Calkins; Declarations JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) Dockets.Justia.co 1 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2 3 4 5 6 7 8 9 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of Brian Ledahl, Michael Ostroff, Charles Ciongoli, Gayle Moore] Magistrate: Hon. Andrew Wistrich Date: August 11, 2008 Time: 10:00 a.m. Crtrm: 690 Judge: A. Howard Matz Discovery Cut-Off: January 12, 2009 Pretrial Conference: April 6, 2009 Trial Date: April 21, 2009 // // // // // // // // // // // // // // // // // // 2 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 TABLE OF CONTENTS 2 3 4 I. Page INTRODUCTORY STATEMENTS ................................................................. 1 A. 5 6 7 8 9 B. II. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 11 12 19 22 23 24 25 26 27 28 UMG’S INTRODUCTORY STATEMENT ............................................ 3 Veoh's Contentions and Points and Authorities ..................................... 78 C. III. Plaintiffs' Discovery Failures Giving Rise to this Motion .............. 2 B. 18 21 2. Statement of Disputed Requests For Production and Plaintiffs' Responses................................................................................................ 5 15 20 Veoh Networks, Inc....................................................................... 1 A. 14 17 1. ISSUE NO. 1 – SEARCH TERMS OR CUSTODIANS OF RESPONSIVE DOCUMENTS ......................................................................... 5 13 16 Veoh's Introductory Statement................................................................. 1 1. Plaintiffs Should Be Compelled to Identify The Custodians and Search Terms for Each Request Where Plaintiffs' Proposed Search Methodology Might Be Warranted ................... 78 2. Plaintiffs Should Produce All Responsive Non-Privileged Documents To Requests Where Plaintiffs' Proposed Search Methodology is Not Warranted ................................................... 79 UMG’s Contentions And Points Of Authorities..................................... 80 1. UMG Offered To Exchange Search Methodology, But Veoh Refused ....................................................................................... 81 2. Veoh’s Demand For Further Production Is Unsupported And Unwarranted ................................................................................ 82 ISSUE NO. 2 - DOCUMENTS AND INFORMATION REGARDING IDENTIFICATION AND OWNERSHIP OF COPYRIGHTS AT ISSUE....... 85 A. Statement of Disputed Interrogatories and Requests For Production and Plaintiffs' Responses ....................................................................... 85 B. Veoh's Contentions and Points and Authorities ................................... 106 1. Plaintiffs Must Respond Fully to All Interrogatories and Provide All Documents Relating to Identification of the Works At Issue. ......................................................................... 107 2. Plaintiffs Must Respond Fully to All Interrogatories and Provide All Chain of Title Documents Establishing Plaintiffs' Ownership of the Works. ........................................... 108 i JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 C. 2 3 4 5 6 7 IV. 8 9 333 South Grand Avenue Los Angeles, CA 90071-1543 1. UMG Has Already Produced Information About Its Copyrights ................................................................................. 109 2. Veoh’s Demands For Identification Of All Infringed Works Are Premature ........................................................................... 109 3. Veoh’s Requests For “Chain of Title” Information Are Overbroad and Unnecessary ...................................................... 110 ISSUE NO. 3 - PLAINTIFFS' VIRAL MARKETING .................................. 114 A. Statement of Disputed Interrogatories and Requests For Production and Plaintiffs' Responses ..................................................................... 114 B. Veoh's Contentions and Points and Authorities ................................... 131 10 Winston & Strawn LLP UMG’s Contentions And Points Of Authorities................................... 109 11 12 13 1. Plaintiffs' Viral Marketing Is Highly Relevant to Plaintiffs' Damages Claims........................................................................ 132 2. Plaintiffs' Viral Marketing Is Highly Relevant to Veoh's Affirmative Defenses................................................................. 132 3. Plaintiffs Should Be Compelled to Provide Further Responses and Documents Relating to Viral Marketing Immediately............................................................................... 133 14 15 C. UMG’s Contentions And Points Of Authorities................................... 133 16 1. Veoh Fails To Explain What Materials It Seeks ........................ 134 17 2. UMG Has Already Made An Extensive Production Of Online Marketing Information ................................................... 137 3. Veoh's Interrogatories and Document Requests Seek Irrelevant Discovery .................................................................. 138 4. Veoh Fails To Show The Need For More Discovery ................. 143 18 19 20 21 22 ISSUE NO. 4 – DOCUMENTS AND INFORMATION RELATING TO PLAINTIFFS' ALLEGED DAMAGES, PROMOTION, PROTECTION, AND VALUE OF THE ALLEGEDLY INFRINGED WORKS .................... 144 23 A. Statement of Disputed Interrogatories and Requests For Production and Plaintiffs' Responses ..................................................................... 144 B. Veoh's Contentions and Points and Authorities ................................... 223 24 25 26 27 28 V. 1. Plaintiffs' Financial Documents and Information are Highly Relevant to Plaintiffs' Damages Claims ..................................... 223 2. The Discovery Is Relevant to Plaintiffs' Efforts, If Any, To Mitigate ..................................................................................... 225 ii JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 3. 2 C. 3 Veoh Relies On Unsupported And False Claims Of Relevance .................................................................................. 227 5 2. Veoh Ignores UMG’s Already Extensive Production ................ 230 6 3. Veoh’s Incorrect Arguments About A Duty To Mitigate Cannot Support Its Discovery Demands .................................... 232 4. Veoh's Unsubstantiated Allegations of Copyright Misuse Do Not Justify Veoh’s Overreaching Discovery.............................. 233 5. Veoh's Miscellaneous, Unsupported Discovery Requests Should Be Denied...................................................................... 234 7 8 9 10 333 South Grand Avenue Los Angeles, CA 90071-1543 UMG’s Contentions And Points Of Authorities................................... 226 1. 4 Winston & Strawn LLP The Discovery Is Relevant to Veoh's Affirmative Defense of Copyright Misuse ...................................................................... 225 11 12 13 14 15 VI. ISSUE NO. 5 – DISCOVERY SEEKING FACTUAL SUPPORT FOR PLAINTIFFS' CLAIMS ................................................................................ 235 A. Statement of Disputed Interrogatories and Requests For Production and Plaintiffs' Responses ..................................................................... 235 B. Veoh's Contentions and Points and Authorities ................................... 286 C. UMG’s Contentions And Points Of Authorities................................... 287 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Veoh Merely Repeats Its Flawed Arguments That UMG has Not Adequately Searched For Relevant Materials ..................... 287 2. UMG Provided A Sufficient Response To Interrogatory No. 6 ................................................................................................ 289 3. Veoh’s Demand For Comprehensive Production Regarding Infringed Works Is Premature.................................................... 290 VII. ISSUE NO. 6 – DISCOVERY RELATING TO NOTICE TO VEOH ........... 290 A. Statement of Disputed Interrogatories and Requests For Production and Plaintiffs' Responses ..................................................................... 290 B. Veoh's Contentions and Points and Authorities ................................... 296 C. UMG’s Contentions And Points Of Authorities................................... 297 VIII. ISSUE NO. 7 – DISCOVERY RELATING TO PLAINTIFFS' ORGANIZATIONAL STRUCTURE AND IDENTIFICATION OF WITNESSES................................................................................................. 300 A. Statement of Disputed Interrogatories and Requests For Production and Plaintiffs' Responses ..................................................................... 300 iii JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 B. Veoh's Contentions and Points and Authorities ................................... 304 2 C. UMG’s Contentions And Points Of Authorities................................... 305 3 4 5 6 7 8 IX. 9 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 11 12 2. Veoh Fails To Offer Any Justification For Compelling Further Response To Its Remaining Interrogatories................... 306 3. UMG's Production Already Addresses Requests For Production Nos. 222, 223, 230, And 231 ................................... 308 A. Statement of Disputed Interrogatories and Requests For Production and Plaintiffs' Responses ..................................................................... 309 B. Veoh's Contentions and Points and Authorities ................................... 310 C. UMG’s Contentions And Points Of Authorities................................... 310 14 X. Veoh's Interrogatory No. 6 Was Already Addressed In Section VI ................................................................................. 305 ISSUE NO. 8 – INTERROGATORY NO. 17 REGARDING "STANDARD TECHNICAL MEASURES" ................................................. 309 13 15 1. 1. Interrogatory No. 17 Seeks Irrelevant Information .................... 311 2. Veoh Cannot Even Explain What Information UMG Should Provide ...................................................................................... 311 CONCLUSION ............................................................................................. 312 16 A. Veoh's Conclusion............................................................................... 312 17 B. UMG’s Conclusion.............................................................................. 313 18 19 20 21 22 23 24 25 26 27 28 iv JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 Pursuant to Federal Rule of Civil Procedure 37(c) and Local Rule 37-2, 2 Defendant Veoh Networks, Inc. ("Veoh"), and Plaintiffs UMG Recordings, Inc., 3 Universal Music Corp., Songs of Universal, Inc., Universal-Polygram International 4 Publishing, Inc., Rondor Music International, Inc., Universal Music—MGB NA LLC, 5 Universal Music—Z Tunes LLC and Universal Music—MBG Music Publishing LTD 6 ("Plaintiffs"), respectfully submit the following Joint Stipulation Regarding Veoh's 7 Motion to Compel Further Responses to Veoh's Interrogatories and Requests for 8 Production, and For Production of Documents. The parties have met and conferred in 9 good faith in an unsuccessful attempt to resolve this matter and now seek this Court's 10 assistance. 11 I. 12 INTRODUCTORY STATEMENTS A. 13 14 Veoh's Introductory Statement 1. Veoh Networks, Inc. Veoh Networks, Inc. provides a forum for, among other things, high quality, 15 user generated video content ("UGC") on the Internet. From its inception, Veoh has 16 remained committed to providing strong protections for intellectual property and 17 works diligently with content owners to keep unauthorized works off of Veoh’s 18 service. As part of this effort, Veoh maintains a rigorous Digital Millennium 19 Copyright Act ("DMCA") policy which includes promptly terminating access to 20 allegedly infringing content upon proper notice, and promptly terminates any repeat 21 infringers. 22 Veoh’s policies have always strictly prohibited the use of its website or 23 software in connection with infringing content. In fact, Veoh’s system was designed 24 to enable Veoh to terminate access to inappropriate content once it received notice of 25 such content. Veoh has always promptly removed access to allegedly infringing 26 content upon adequate notice, and has always had a policy whereby it terminates 27 repeat infringers. 28 1 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 Plaintiffs filed their latest action against Veoh alleging infringement of "thousands" of 3 unidentified sound recordings and musical compositions. As discussed further below, 4 Plaintiffs have yet to identify any of the "thousands" of recordings and compositions 5 purportedly being infringed. 6 2. 333 South Grand Avenue Los Angeles, CA 90071-1543 7 Winston & Strawn LLP Despite Veoh's strict enforcement of its policies prohibiting infringing content, Plaintiffs' Discovery Failures Giving Rise to this Motion This motion to compel ("Motion") arises from: 1) UMG Recordings, Inc.'s 8 ("UMGR") refusal to provide verified, proper written responses to Veoh's 9 Interrogatories; 2) Plaintiffs' refusal to provide proper written responses to Veoh's 10 Requests for Production; and 3) Plaintiffs' refusal to produce documents in any 11 reasonable manner. Plaintiffs even refuse to produce documents and written 12 responses with regard to categories (e.g. viral marketing, financial documents) to 13 which Plaintiffs were already ordered to provide responses and documents in UMG 14 Recordings, Inc., et al. v. MySpace, Inc. et al, Case No. 06-07361 and UMG 15 Recordings, Inc., et al. v. Grouper Networks, Inc., et al. Case No. CV 06-06561. 16 (Declaration of Rebecca Lawlor Calkins ["Calkins Decl."] ¶¶ 17-20). With this 17 Motion, Veoh seeks information and documents critical to Veoh's defense. 18 Rather than respond in good faith and comply with its discovery obligations, 19 UMGR provided sweeping, meritless objections to Veoh's Interrogatories, refusing to 20 respond to eighteen of Veoh's twenty four interrogatories and providing deficient 21 responses for the remaining six. Plaintiffs treated Veoh's Requests for Production in 22 similar fashion, relying on boilerplate objections and blanket refusals to provide 23 documents responsive to even the most basic requests. Where Plaintiffs did not refuse 24 to produce outright, they largely repeated the same meaningless response, agreeing to 25 produce an arbitrarily circumscribed subset of responsive documents, located in a 26 search of unnamed employees' files, using unidentified search terms selected by 27 Plaintiffs. Plaintiffs' attempt to unilaterally redefine and narrow the scope of their 28 2 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 discovery obligation is improper, and falls far short of the requirements under the 2 Federal Rules and governing case law. 3 4 pages on Veoh via a hard drive on June 27, 2008. The 1.4 million pages of documents 5 are in a state of total disarray with no discernable organization or categorization. 6 Veoh would be forced to spend hundreds of hours at a minimum, attempting to 7 organize the documents into a workable state. Such a production is clearly not in 8 good faith and falls far short of satisfying Plaintiffs' discovery obligations. 9 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP As Veoh was readying this Motion, Plaintiffs dumped more than 1.4 million B. UMG’S INTRODUCTORY STATEMENT As the Court is well aware, UMG brought this action to address the rampant 11 and ongoing infringement of its copyrights in recorded music and musical 12 compositions. Necessarily, the primary focus of discovery in a copyright 13 infringement action is the conduct of the defendant. Though this action has been 14 pending for more than 10 months, Veoh has only begun to trickle out the barest 15 minimum of discovery. Veoh has yet to produce any of its internal email 16 communications. It has yet to produce the specifications for its software client 17 product and website (where infringement takes place). It has yet to even produce the 18 media files that evidence its infringement. Though UMG pursued discovery from 19 Veoh diligently, Veoh continues to withhold many of the most centrally relevant 20 materials in its possession and offers no suggestion of when (if ever) it will produce 21 such information. After an extensive effort to obtain meaningful discovery from Veoh 22 voluntarily, UMG was forced to bring a motion to compel. 23 In a tactic that smacks of tit for tat, Veoh sent back its own joint stipulation for 24 a motion to compel after receiving UMG’s motion. Unlike Veoh, however, UMG has 25 already undertaken a massive effort to make an extensive production of information. 26 While Veoh has produced fewer than 72,000 pages of documents, UMG has already 27 produced more than 1,400,000. UMG’s production includes copyright registration 28 3 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 information, hundreds of thousands of email communications, presentations, reports, 2 financial information, licensing agreements, and numerous other documents 3 responsive to Veoh’s 241 document requests. 4 Notwithstanding UMG’s sizable production, Veoh bulls ahead with this motion. 5 Veoh cannot, however, support its contentions that more discovery is due from UMG. 6 Indeed, throughout this Joint Stipulation, Veoh offers little more than the required 7 inclusion of the verbatim language of its requests. Indeed, in one section, Veoh 8 argues that UMG’s production as to more than 100 document requests is insufficient, 9 yet provides approximately 3 pages of purported justification for additional 10 production. Quite simply, Veoh’s motion is not brought in good faith. At various 11 points, Veoh freely acknowledges that it has not even tried to review UMG’s 12 production. Given such facts, Veoh cannot in good faith argue that UMG’s production 13 is insufficient. 14 UMG respectfully submits that the Court should not fall for Veoh’s attempts to 15 make the parties appear to be in the same position by bringing a motion of its own in 16 response to UMG’s motion to compel. Each must be evaluated separately on its own 17 merit. UMG is seeking necessary discovery because Veoh has provided virtually 18 nothing. Veoh is seeking irrelevant, unnecessary discovery after UMG has made a 19 massive, good-faith production. UMG should not be penalized for moving forward 20 with substantive discovery on its own even while Veoh tries to avoid producing what 21 UMG is confident will be damning evidence of Veoh’s liability. 22 As shown in detail in this Joint Stipulation, UMG has complied with its 23 discovery obligations and more. Veoh fails to show any basis to compel further 24 discovery and its motion should be denied in its entirety. 25 26 27 28 4 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 DOCUMENTS 3 A. Statement of Disputed Requests For Production and Plaintiffs' Responses 5 VEOH REQUESTS FOR PRODUCTION NOS. 7, 8, 9, 10, 11, 12, 14 – 27, 31, 6 39, 40-42, 45, 46, 54, 57-64, 71-82, 84-86, 88-95, 97, 148-152, 154, 156, 157, 7 159, 160, 163, 169-172, 174, 181, 188, 189, 204, 205, 208-211, 217, 220, 221, 8 224, 225, 233. 9 10 333 South Grand Avenue Los Angeles, CA 90071-1543 ISSUE NO. 1 – SEARCH TERMS OR CUSTODIANS OF RESPONSIVE 2 4 Winston & Strawn LLP II. 11 12 REQUEST FOR PRODUCTION NO.7: All documents that mention, refer to, or relate to Veoh or this action. RESPONSE TO REQUEST FOR PRODUCTION NO. 7: UMG incorporates by reference each of its General Objections. UMG further 13 objects that this request seeks information that is not relevant to the claims or defenses 14 of any party and is not reasonably calculated to lead to the discovery of admissible 15 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 16 further objects to this request as vague and ambiguous. UMG further objects to the 17 extent that this request seeks documents that are not in UMG's possession, custody or 18 control. UMG further objects that the request seeks information that is already in 19 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 20 objects to this request as duplicative of Request for Production No. 148. 21 Subject to and without waiving the foregoing objections, UMG will produce non- 22 privileged responsive documents, if any, to the extent identified by a search of the 23 files of specific employees and executives that UMG will identify utilizing specific 24 search terms that UMG will identify. 25 REQUEST FOR PRODUCTION NO. 8: 26 27 28 All documents concerning any communications by any person regarding Veoh or this action. 5 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 RESPONSE TO REQUEST FOR PRODUCTION NO. 8: UMG incorporates by reference each of its General Objections. UMG further 3 objects that this request seeks information that is not relevant to the claims or defenses 4 of any party and is not reasonably calculated to lead to the discovery of admissible 5 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 6 further objects to this request as vague and ambiguous and/or unintelligible as to what 7 constitutes "documents concerning" any "communications." UMG further objects to 8 the extent that this request seeks documents that are not in UMG's possession, custody 9 or control. UMG further objects that the request seeks information that is already in 10 Veoh's possession, custody or control, or reasonably available to Veoh. 11 Subject to and without waiving the foregoing objections, UMG will produce non- 12 privileged responsive documents, if any, to the extent identified by a search of the 13 files of specific employees and executives that UMG will identify utilizing specific 14 search terms that UMG will identify. 15 REQUEST FOR PRODUCTION NO. 9: 16 17 18 All documents concerning communications between you and Veoh. RESPONSE TO REQUEST FOR PRODUCTION NO. 9: UMG incorporates by reference each of its General Objections. UMG further 19 objects that this request seeks information that is not relevant to the claims or defenses 20 of any party and is not reasonably calculated to lead to the discovery of admissible 21 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 22 further objects to this request as vague and ambiguous as to what constitutes 23 "documents concerning communications." UMG further objects to the extent that this 24 request seeks documents that are not in UMG's possession, custody or control. UMG 25 further objects that the request seeks information that is already in Veoh's possession, 26 custody or control, or reasonably available to Veoh. 27 28 6 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 Subject to and without waiving the foregoing objections, UMG will produce non- 2 privileged responsive documents, if any, to the extent identified by a search of the 3 files of specific employees and executives that UMG will identify utilizing specific 4 search terms that UMG will identify. 5 REQUEST FOR PRODUCTION NO. 10: 6 All documents concerning your discovery of and your efforts to halt or reduce 7 infringements of the copyrights for which you seek to hold Veoh liable. 8 RESPONSE TO REQUEST FOR PRODUCTION NO. 10: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 9 UMG incorporates by reference each of its General Objections. UMG further 10 objects to this request as vague and ambiguous and argumentative to the extent it asks 11 for information on UMG's efforts to "halt or reduce infringements." UMG objects to 12 the terms "discovery" and "efforts" as vague and ambiguous. UMG further objects that 13 this request seeks information that is not relevant to the claims or defenses of any 14 party and is not reasonably calculated to lead to the discovery of admissible evidence. 15 The request is therefore overbroad and unduly burdensome as well. UMG further 16 objects to this request as vague and ambiguous as to what constitutes documents 17 "concerning" UMG's discovery of and efforts to halt or reduce infringements. UMG 18 further objects to the extent that this request seeks documents that are not in UMG's 19 possession, custody or control. UMG further objects that the request seeks information 20 that is already in Veoh's possession, custody or control, or reasonably available to 21 Veoh. 22 Subject to and without waiving the foregoing objections, UMG will produce non- 23 privileged responsive documents, if any, to the extent identified by a search of the 24 files of specific employees and executives that UMG will identify utilizing specific 25 search terms that UMG will identify. . 26 REQUEST FOR PRODUCTION NO. 11: 27 28 All DMCA Notifications or notices of infringement that you have sent to Veoh. 7 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 RESPONSE TO REQUEST FOR PRODUCTION NO. 11: 2 UMG incorporates by reference each of its General Objections. UMG further 3 objects that determining if a notification is a "DMCA Notification" calls for a legal 4 conclusion. UMG further objects to this request to the extent it assumes or implies that 5 UMG is in any sense obligated to send notices of copyright infringement to Veoh. 6 UMG further objects that the request seeks information that is already in Veoh's 7 possession, custody or control, or reasonably available to Veoh. 8 Subject to and without waiving the foregoing objections, UMG will produce non- 9 privileged responsive documents, if any, to the extent identified by a search of the 10 files of specific employees and executives that UMG will identify utilizing specific 11 search terms that UMG will identify. 12 REQUEST FOR PRODUCTION NO. 12: 13 All documents evidencing the address or delivery of DMCA Notifications that 14 you have sent to Veoh. 15 RESPONSE TO REQUEST FOR PRODUCTION NO. 12: 16 UMG incorporates by reference each of its General Objections. UMG further 17 objects that determining if a notification is a "DMCA Notification" calls for a legal 18 conclusion. UMG further objects to this request to the extent it assumes or implies that 19 UMG is in any sense obligated to send notices of copyright infringement to Veoh. 20 UMG further objects to this request as vague and ambiguous. UMG further objects to 21 the extent that this request seeks documents that are not in UMG's possession, custody 22 or control. UMG further objects that this request seeks information that is already in 23 Veoh's possession, custody or control, or reasonably available to Veoh. 24 Subject to and without waiving the foregoing objections, UMG will produce non- 25 privileged responsive documents, if any, to the extent identified by a search of the 26 files of specific employees and executives that UMG will identify utilizing specific 27 search terms that UMG will identify. 28 8 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 333 South Grand Avenue Los Angeles, CA 90071-1543 All documents concerning violations of 17 U.S.C. § 106(1) that you claim or 3 believe Veoh has committed directly. 4 RESPONSE TO REQUEST FOR PRODUCTION NO. 14: 5 Winston & Strawn LLP REQUEST FOR PRODUCTION NO. 14: UMG incorporates by reference each of its General Objections. UMG further 6 objects to this request to the extent it calls for the production of privileged attorney 7 client communications, attorney work product, or otherwise privileged or protected 8 material. UMG further objects that the request seeks information that is already in 9 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 10 objects to this request as vague and ambiguous as to what constitutes documents 11 "concerning" these violations. UMG further objects to the extent that this request 12 seeks documents that are not in UMG's possession, custody or control. 13 UMG further objects to this request on the grounds that it is premature insofar as 14 UMG has not yet been able to identify all of the specific works for which UMG 15 alleges infringement in this action as the information to do so is possessed by Veoh 16 and not UMG. As a result, the nonprivileged documents UMG produces in response to 17 this request, if any, should not be construed as a representation by UMG that the 18 works referred to in such documents constitutes a complete list of UMG's copyrighted 19 works that have appeared on Veoh or as a representation that further factual 20 investigation and discovery will not reveal more of UMG's copyrighted works that 21 have appeared on Veoh. UMG further objects that this request calls for a legal 22 conclusion. 23 Subject to and without waiving the foregoing objections, UMG will produce non- 24 privileged responsive documents, if any, to the extent identified by a search of the 25 files of specific employees and executives that UMG will identify utilizing specific 26 search terms that UMG will identify. 27 28 9 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 333 South Grand Avenue Los Angeles, CA 90071-1543 All documents concerning violations of 17 U.S.C. § 106(2) that you claim or 3 believe Veoh has committed directly. 4 RESPONSE TO REQUEST FOR PRODUCTION NO. 15: 5 Winston & Strawn LLP REQUEST FOR PRODUCTION NO. 15: UMG incorporates by reference each of its General Objections. UMG further 6 objects to this request to the extent it calls for the production of privileged attorney 7 client communications, attorney work product, or otherwise privileged or protected 8 material. UMG further objects that the request seeks information that is already in 9 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 10 objects to this request as vague and ambiguous as to what constitutes documents 11 "concerning" these violations. UMG further objects to the extent that this request 12 seeks documents that are not in UMG's possession, custody or control. 13 UMG further objects to this request on the grounds that it is premature insofar as 14 UMG has not yet been able to identify all of the specific works for which UMG 15 alleges infringement in this action as the information to do so is possessed by Veoh 16 and not UMG. As a result, the nonprivileged documents UMG produces in response to 17 this request, if any, should not be construed as a representation by UMG that the 18 works referred to in such documents constitutes a complete list of UMG's copyrighted 19 works that have appeared on Veoh or as a representation that further factual 20 investigation and discovery will not reveal more of UMG's copyrighted works that 21 have appeared on Veoh. UMG further objects that this request calls for a legal 22 conclusion. 23 Subject to and without waiving the foregoing objections, UMG will produce non- 24 privileged responsive documents, if any, to the extent identified by a search of the 25 files of specific employees and executives that UMG will identify utilizing specific 26 search terms that UMG will identify. 27 28 10 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 REQUEST FOR PRODUCTION NO. 16: All documents concerning violations of 17 U.S.C. § 106(3) that you claim or 3 believe Veoh has committed directly. 4 RESPONSE TO REQUEST FOR PRODUCTION NO. 16: 5 UMG incorporates by reference each of its General Objections. UMG further 6 objects to this request to the extent it calls for the production of privileged attorney- 7 client communications, attorney work product, or otherwise privileged or protected 8 material. UMG further objects that the request seeks information that is already in 9 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 10 objects to this request as vague and ambiguous as to what constitutes documents 11 "concerning" these violations. UMG further objects to the extent that this request 12 seeks documents that are not in UMG's possession, custody or control, UMG further 13 objects to this request on the grounds that it is premature insofar as UMG has not yet 14 been able to identify all of the specific works for which UMG alleges infringement in 15 this action as the information to do so is possessed by Veoh and not UMG. As a result, 16 the nonprivileged documents UMG produces in response to this request, if any, should 17 not be construed as a representation by UMG that the works referred to in such 18 documents constitutes a complete list of UMG's copyrighted works that have appeared 19 on Veoh or as a representation that further factual investigation and discovery will not 20 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 21 objects that this request calls for a legal conclusion. 22 Subject to and without waiving the foregoing objections, UMG will produce non- 23 privileged responsive documents, if any, to the extent identified by a search of the 24 files of specific employees and executives that UMG will identify utilizing specific 25 search terms that UMG will identify. 26 27 28 11 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 REQUEST FOR PRODUCTION NO. 17: All documents concerning violations of 17 U.S.C. § 106(4) that you claim or 3 believe Veoh has committed directly. 4 RESPONSE TO REQUEST FOR PRODUCTION NO. 17: 5 UMG incorporates by reference each of its General Objections. UMG further 6 objects to this request to the extent it calls for the production of privileged attorney- 7 client communications, attorney work product, or otherwise privileged or protected 8 material. UMG further objects that the request seeks information that is already in 9 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 10 objects to this request as vague and ambiguous as to what constitutes documents 11 "concerning" these violations. UMG further objects to the extent that this request 12 seeks documents that are not in UMG's possession, custody or control. UMG further 13 objects to this request on the grounds that it is premature insofar as UMG has not yet 14 been able to identify all of the specific works for which UMG alleges infringement in 15 this action as the information to do so is possessed by Veoh and not UMG. As a result, 16 the nonprivileged documents UMG produces in response to this request, if any, should 17 not be construed as a representation by UMG that the works referred to in such 18 documents constitutes a complete list of UMG's copyrighted works that have appeared 19 on Veoh or as a representation that further factual investigation and discovery will not 20 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 21 objects that this request calls for a legal conclusion. 22 Subject to and without waiving the foregoing objections, UMG will produce non- 23 privileged responsive documents, if any, to the extent identified by a search of the 24 files of specific employees and executives that UMG will identify utilizing specific 25 search terms that UMG will identify. 26 27 28 12 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 333 South Grand Avenue Los Angeles, CA 90071-1543 All documents concerning violations of 17 U.S.C. § 106(5) that you claim or 3 believe Veoh has committed directly. 4 RESPONSE TO REQUEST FOR PRODUCTION NO. 18: 5 Winston & Strawn LLP REQUEST FOR PRODUCTION NO. 18: UMG incorporates by reference each of its General Objections. UMG further 6 objects to this request to the extent it calls for the production of privileged attorney 7 client communications, attorney work product, or otherwise privileged or protected 8 material. UMG further objects that the request seeks information that is already in 9 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 10 objects to this request as vague and ambiguous as to what constitutes documents 11 "concerning" these violations. UMG further objects to the extent that this request 12 seeks documents that are not in UMG's possession, custody or control. 13 UMG further objects to this request on the grounds that it is premature insofar as 14 UMG has not yet been able to identify all of the specific works for which UMG 15 alleges infringement in this action as the information to do so is possessed by Veoh 16 and not UMG. As a result, the nonprivileged documents UMG produces in response to 17 this request, if any, should not be construed as a representation by UMG that the 18 works referred to in such documents constitutes a complete list of UMG's copyrighted 19 works that have appeared on Veoh or as a representation that further factual 20 investigation and discovery will not reveal more of UMG's copyrighted works that 21 have appeared on Veoh. UMG further objects that this request calls for a legal 22 conclusion. 23 Subject to and without waiving the foregoing objections, UMG will produce non- 24 privileged responsive documents, if any, to the extent identified by a search of the 25 files of specific employees and executives that UMG will identify utilizing specific 26 search terms that UMG will identify. 27 28 13 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 REQUEST FOR PRODUCTION NO. 19: All documents concerning violations of 17 U.S.C. § 106(6) that you claim or 3 believe Veoh has committed directly. 4 RESPONSE TO REQUEST FOR PRODUCTION NO. 19: 5 UMG incorporates by reference each of its General Objections. UMG further 6 objects to this request to the extent it calls for the production of privileged attorney- 7 client communications, attorney work product, or otherwise privileged or protected 8 material. UMG further objects that the request seeks information that is already in 9 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 10 objects to this request as vague and ambiguous as to what constitutes documents 11 "concerning" these violations. UMG further objects to the extent that this request 12 seeks documents that are not in UMG's possession, custody or control. UMG further 13 objects to this request on the grounds that it is premature insofar as UMG has not yet 14 been able to identify all of the specific works for which UMG alleges infringement in 15 this action as the information to do so is possessed by Veoh and not UMG. As a result, 16 the nonprivileged documents UMG produces in response to this request, if any, should 17 not be construed as a representation by UMG that the works referred to in such 18 documents constitutes a complete list of UMG's copyrighted works that have appeared 19 on Veoh or as a representation that further factual investigation and discovery will not 20 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 21 objects that this request calls for a legal conclusion. 22 Subject to and without waiving the foregoing objections, UMG will produce non- 23 privileged responsive documents, if any, to the extent identified by a search of the 24 files of specific employees and executives that UMG will identify utilizing specific 25 search terms that UMG will identify. 26 27 28 14 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 REQUEST FOR PRODUCTION NO. 20: All documents constituting or identifying violations of 17 U.S.C. § 106(1) that 3 you claim or believe Veoh is vicariously liable for or constitute contributory 4 infringement by Veoh. 5 RESPONSE TO REQUEST FOR PRODUCTION NO. 20: 6 UMG incorporates by reference each of its General Objections. UMG further 7 objects to this request to the extent it calls for the production of privileged attorney- 8 client communications, attorney work product, or otherwise privileged or protected 9 material. UMG further objects that the request seeks information that is already in 10 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 11 objects to this request to the extent it requests documents that are not in UMG's 12 possession, custody or control. UMG further objects to this request on the grounds 13 that it is premature insofar as UMG has not yet been able to identify all of the specific 14 works for which UMG alleges infringement in this action as the information to do so 15 is possessed by Veoh and not UMG. As a result, the nonprivileged documents UMG 16 produces in response to this request, if any, should not be construed as a 17 representation by UMG that the works referred to in such documents constitutes a 18 complete list of UMG's copyrighted works that have appeared on Veoh or as a 19 representation that further factual investigation and discovery will not reveal more of 20 UMG's copyrighted works that have appeared on Veoh. UMG further objects that this 21 request calls for a legal conclusion. 22 Subject to and without waiving the foregoing objections, UMG will produce non- 23 privileged responsive documents, if any, to the extent identified by a search of the 24 files of specific employees and executives that UMG will identify utilizing specific 25 search terms that UMG will identify. 26 27 28 15 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 REQUEST FOR PRODUCTION NO. 21: All documents constituting or identifying violations of 17 U.S.C. § 106(2) that 3 you claim or believe Veoh is vicariously liable for or constitute contributory 4 infringement by Veoh. 5 RESPONSE TO REQUEST FOR PRODUCTION NO. 21: 6 UMG incorporates by reference each of its General Objections. UMG further 7 objects to this request to the extent it calls for the production of privileged attorney- 8 client communications, attorney work product, or otherwise privileged or protected 9 material. UMG further objects that the request seeks information that is already in 10 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 11 objects to this request to the extent it requests documents that are not in UMG's 12 possession, custody or control. UMG further objects to this request on the grounds 13 that it is premature insofar as UMG has not yet been able to identify all of the specific 14 works for which UMG alleges infringement in this action as the information to do so 15 is possessed by Veoh and not UMG. As a result, the nonprivileged documents UMG 16 produces in response to this request, if any, should not be construed as a 17 representation by UMG that the works referred to in such documents constitutes a 18 complete list of UMG's copyrighted works that have appeared on Veoh or as a 19 representation that further factual investigation and discovery will not reveal more of 20 UMG's copyrighted works that have appeared on Veoh. UMG further objects that this 21 request calls for a legal conclusion. 22 Subject to and without waiving the foregoing objections, UMG will produce non- 23 privileged responsive documents, if any, to the extent identified by a search of the 24 files of specific employees and executives that UMG will identify utilizing specific 25 search terms that UMG will identify. 26 27 28 16 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 REQUEST FOR PRODUCTION NO. 22: All documents constituting or identifying violations of 17 U.S.C. § 106(3) that 3 you claim or believe Veoh is vicariously liable for or constitute contributory 4 infringement by Veoh. 5 RESPONSE TO REQUEST FOR PRODUCTION NO. 22: 6 UMG incorporates by reference each of its General Objections. UMG further 7 objects to this request to the extent it calls for the production of privileged attorney- 8 client communications, attorney work product, or otherwise privileged or protected 9 material. UMG further objects that the request seeks information that is already in 10 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 11 objects to this request to the extent it requests documents that are not in UMG's 12 possession, custody or control. UMG further objects to this request on the grounds 13 that it is premature insofar as UMG has not yet been able to identify all of the specific 14 works for which UMG alleges infringement in this action as the information to do so 15 is possessed by Veoh and not UMG. As a result, the nonprivileged documents UMG 16 produces in response to this request, if any, should not be construed as a 17 representation by UMG that the works referred to in such documents constitutes a 18 complete list of UMG's copyrighted works that have appeared on Veoh or as a 19 representation that further factual investigation and discovery will not reveal more of 20 UMG's copyrighted works that have appeared on Veoh. UMG further objects that this 21 request calls for a legal conclusion. 22 Subject to and without waiving the foregoing objections, UMG will produce non- 23 privileged responsive documents, if any, to the extent identified by a search of the 24 files of specific employees and executives that UMG will identify utilizing specific 25 search terms that UMG will identify. 26 27 28 17 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 REQUEST FOR PRODUCTION NO. 23: All documents constituting or identifying violations of 17 U.S.C. § 106(4) that 3 you claim or believe Veoh is vicariously liable for or constitute contributory 4 infringement by Veoh. 5 RESPONSE TO REQUEST FOR PRODUCTION NO.23: 6 UMG incorporates by reference each of its General Objections. UMG further 7 objects to this request to the extent it calls for the production of privileged attorney- 8 client communications, attorney work product, or otherwise privileged or protected 9 material. ' UMG further objects that the request seeks information that is already in 10 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 11 objects to this request to the extent it requests documents that are not in UMG's 12 possession, custody or control. UMG further objects to this request on the grounds 13 that it is premature insofar as UMG has not yet been able to identify all of the specific 14 works for which UMG alleges infringement in this action as the information to do so 15 is possessed by Veoh and not UMG. As a result, the nonprivileged documents UMG 16 produces in response to this request, if any, should not be construed as a 17 representation by UMG that the works referred to in such documents constitutes a 18 complete list of UMG's copyrighted works that have appeared on Veoh or as a 19 representation that further factual investigation and discovery will not reveal more of 20 UMG's copyrighted works that have appeared on Veoh. UMG further objects that this 21 request calls for a legal conclusion. 22 Subject to and without waiving the foregoing objections, UMG will produce non- 23 privileged responsive documents, if any, to the extent identified by a search of the 24 files of specific employees and executives that UMG will identify utilizing specific 25 search terms that UMG will identify. 26 27 28 18 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 333 South Grand Avenue Los Angeles, CA 90071-1543 All documents constituting or identifying violations of 17 U.S.C. § 106(5) that 3 you claim or believe Veoh is vicariously liable for or constitute contributory 4 infringement by Veoh. 5 RESPONSE TO REQUEST FOR PRODUCTION NO. 24: 6 Winston & Strawn LLP REQUEST FOR PRODUCTION NO. 24: UMG incorporates by reference each of its General Objections. UMG further 7 objects to this request to the extent it calls for the production of privileged attorney 8 client communications, attorney work product, or otherwise privileged or protected 9 material. UMG further objects that the request seeks information that is already in 10 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 11 objects to this request to the extent it requests documents that are not in UMG's 12 possession, custody or control. UMG farther objects to this request on the grounds that 13 it is premature insofar as UMG has not yet been able to identify all of the specific 14 works for which UMG alleges infringement in this action as the information to do so 15 is possessed by Veoh and not UMG. As a result, the nonprivileged documents UMG 16 produces in response to this request, if any, should not be construed as a 17 representation by UMG that the works referred to in such documents constitutes a 18 complete list of UMG's copyrighted works that have appeared on Veoh or as a 19 representation that further factual investigation and discovery will not reveal more of 20 UMG's copyrighted works that have appeared on Veoh. UMG further objects that this 21 request calls for a legal conclusion. 22 Subject to and without waiving the foregoing objections, UMG will produce non- 23 privileged responsive documents, if any, to the extent identified by a search of the 24 files of specific employees and executives that UMG will identify utilizing specific 25 search terms that UMG will identify. 26 27 28 19 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 333 South Grand Avenue Los Angeles, CA 90071-1543 All documents constituting or identifying violations of 17 U.S.C. § 106(6) that 3 you claim or believe Veoh is vicariously liable for or constitute contributory 4 infringement by Veoh. 5 RESPONSE TO REQUEST FOR PRODUCTION NO. 25: 6 Winston & Strawn LLP REQUEST FOR PRODUCTION NO. 25: UMG incorporates by reference each of its General Objections. UMG further 7 objects to this request to the extent it calls for the production of privileged attorney 8 client communications, attorney work product, or otherwise privileged or protected 9 material. UMG further objects that the request seeks information that is already in 10 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 11 objects to this request to the extent it requests documents that are not in UMG's 12 possession, custody or control. UMG further objects to this request on the grounds 13 that it is premature insofar as UMG has not yet been able to identify all of the specific 14 works for which UMG alleges infringement in this action as the information to do so 15 is possessed by Veoh and not UMG. As a result, the nonprivileged documents UMG 16 produces in response to this request, if any, should not be construed as a 17 representation by UMG that the works referred to in such documents constitutes a 18 complete list of UMG's copyrighted works that have appeared on Veoh or as a 19 representation that further factual investigation and discovery will not reveal more of 20 UMG's copyrighted works that have appeared on Veoh. UMG further objects that this 21 request calls for a legal conclusion. 22 Subject to and without waiving the foregoing objections, UMG will produce non- 23 privileged responsive documents, if any, to the extent identified by a search of the 24 files of specific employees and executives that UMG will identify utilizing specific 25 search terms that UMG will identify. 26 27 28 20 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 REQUEST FOR PRODUCTION NO. 26: All documents concerning direct infringements of your copyrights claimed in 3 this action, for which you allege Veoh is indirectly liable. 4 RESPONSE TO REQUEST FOR PRODUCTION NO. 26: 5 UMG incorporates by reference each of its General Objections, UMG' further 6 objects to this request to the extent it calls for the production of privileged attorney- 7 client communications, attorney work product, or otherwise privileged or protected 8 material. UMG further objects that the request seeks information that is already in 9 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 10 objects to this request as vague and ambiguous as to what constitutes documents 11 "concerning" these violations. UMG further objects to the extent that this request 12 seeks documents that are not in UMG's possession, custody or control. UMG further 13 objects to this request on the grounds that it is premature insofar as UMG has not yet 14 been able to identify all of the specific works for which UMG alleges infringement in 15 this action as the information to do so is possessed by Veoh and not UMG. As a result, 16 the nonprivileged documents UMG produces in response to this request, if any, should 17 not be construed as a representation by UMG that the works referred to in such 18 documents constitutes a complete list of UMG's copyrighted works that have appeared 19 on Veoh or as a representation that further factual investigation and discovery will not 20 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 21 objects that this request calls for a legal conclusion. 22 Subject to and without waiving the foregoing objections, UMG will produce non- 23 privileged responsive documents, if any, to the extent identified by a search of the 24 files of specific employees and executives that UMG will identify utilizing specific 25 search terns that UMG will identify. 26 REQUEST FOR PRODUCTION NO. 27: 27 28 All documents concerning your use of Veoh for any purpose. 21 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 RESPONSE TO REQUEST FOR PRODUCTION NO. 27: UMG incorporates by reference each of its General Objections. UMG further 3 objects that this request seeks information that is not relevant to the claims or defenses 4 of any party and is not reasonably calculated to lead to the discovery of admissible 5 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 6 further objects that the request seeks information that is already in Veoh's possession, 7 custody or control, or reasonably available to Veoh. UMG further objects to this 8 request as vague and ambiguous as to what constitutes documents "concerning your 9 use of Veoh for any purpose." UMG further objects to the extent that this request 10 seeks documents that are not in UMG's possession, custody or control. UMG further 11 objects to this request to the extent it calls for the production of privileged attorney- 12 client communications, attorney work product, or otherwise privileged or protected 13 material. 14 Subject to and without waiving the foregoing objections, UMG will produce non- 15 privileged responsive documents, if any, to the extent identified by a search of the 16 files of specific employees and executives that UMG will identify utilizing specific 17 search terms that UMG will identify. 18 REQUEST FOR PRODUCTION NO. 31: 19 All documents that evidence, refer to, or discuss any damages or harm, 20 including, without limitation, monetary damage, you claim to have suffered, or to be 21 likely to suffer, as a result of Veoh's alleged infringements and violations as set forth 22 in your complaint. 23 RESPONSE TO REQUEST FOR PRODUCTION NO. 31: 24 UMG incorporates by reference each of its General Objections. UMG further 25 objects that this request is overbroad. UMG further objects to this request as vague 26 and ambiguous. UMG further objects to the extent that this request seeks documents 27 that are not in UMG's possession, custody or control. UMG further objects to this 28 22 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 request to the extent it prematurely seeks expert discovery. UMG further objects to 2 this request to the extent it calls for the production of privileged attorney-client 3 communications, attorney work product, or otherwise privileged or protected material. 4 Subject to and without waiving the foregoing objections, UMG will produce non- 5 privileged responsive documents, if any, to the extent identified by a search of the 6 files of specific employees and executives that UMG will identify utilizing specific 7 search terms that UMG will identify. 8 REQUEST FOR PRODUCTION NO. 39: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 9 All documents concerning your distribution of the copyrighted sound 10 recordings, or any portion of the copyrighted sound recordings, on the internet. 11 RESPONSE TO REQUEST FOR PRODUCTION NO. 39: 12 UMG incorporates by reference each of its General Objections. UMG further 13 objects that this request seeks information that is not relevant to the claims or defenses 14 of any party and is not reasonably calculated to lead to the discovery of admissible 15 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 16 further objects to this request on the grounds that it is vague and ambiguous as to the 17 term "the copyrighted sound recordings." UMG further objects to the extent that this 18 request seeks documents that are not in UMG's possession, custody or control. 19 Subject to and without waiving the foregoing objections, UMG will produce non- 20 privileged responsive documents, if any, to the extent identified by a search of the 21 files of specific employees and executives that UMG will identify utilizing specific 22 search terms that UMG will identify. 23 REQUEST FOR PRODUCTION NO. 40: 24 All documents concerning your distribution of material containing the 25 copyrighted musical compositions, or any portion of the copyrighted musical 26 compositions, on the internet. 27 28 23 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 RESPONSE TO REQUEST FOR PRODUCTION NO. 40: UMG incorporates by reference each of its General Objections. UMG further 3 objects that this request seeks information that is not relevant to the claims or defenses 4 of any party and is not reasonably calculated to lead to the discovery of admissible 5 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 6 further objects to this request on the grounds that it is vague and ambiguous as to the 7 terms "distribution ... on the internet" and "the copyrighted musical compositions." 8 UMG further objects to the extent that this request seeks documents that are not in 9 UMG's possession, custody or control. 10 Subject to and without waiving the foregoing objections, UMG will produce non- 11 privileged responsive documents, if any, to the extent identified by a search of the 12 files of specific employees and executives that UMG will identify utilizing specific 13 search terms that UMG will identify. 14 REQUEST FOR PRODUCTION NO. 41: 15 All documents concerning your use of the internet to promote and/or exploit the 16 copyrighted sound recordings and the copyrighted musical compositions. 17 RESPONSE TO REQUEST FOR PRODUCTION NO. 41: 18 UMG incorporates by reference each of its General Objections. UMG further 19 objects that this request seeks information that is not relevant to the claims or defenses 20 of any party and is not reasonably calculated to lead to the discovery of admissible 21 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 22 further objects to this request as vague and ambiguous as to the terms "copyrighted 23 musical compositions," "use of the internet," "copyrighted sound recordings," 24 "promote," and "exploit." UMG further objects to the extent that this request seeks 25 documents that are not in UMG's possession, custody or control. 26 Subject to and without waiving the foregoing objections, UMG will produce non- 27 privileged responsive documents, if any, to the extent identified by a search of the 28 24 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 files of specific employees and executives that UMG will identify utilizing specific 2 search terms that UMG will identify. 3 REQUEST FOR PRODUCTION NO. 42: 4 All documents concerning your use of video hosting or sharing services to 5 promote the copyrighted sound recordings and the copyrighted musical compositions. 6 RESPONSE TO REQUEST FOR PRODUCTION NO. 42: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 7 UMG incorporates by reference each of its General Objections. UMG further 8 objects that this request seeks information that is not relevant to the claims or defenses 9 of any parry and is not reasonably calculated to lead to the discovery of admissible 10 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 11 further objects to this request as vague and ambiguous as to the terms "promote," 12 "copyrighted musical compositions," "copyrighted sound recordings," and "use of 13 video hosting or sharing services." UMG further objects to the extent that this request 14 seeks documents that are not in UMG's possession, custody or control. 15 Subject to and without waiving the foregoing objections, UMG will produce non- 16 privileged responsive documents, if any, to the extent identified by a search of the 17 files of specific employees and executives that UMG will identify utilizing specific 18 search terms that UMG will identify. 19 REQUEST FOR PRODUCTION NO. 45: 20 All documents concerning the uploading of content to Veoh by you or on your 21 behalf. 22 RESPONSE TO REQUEST FOR PRODUCTION NO, 45: 23 UMG incorporates by reference each of its General Objections. UMG further 24 objects that this request seeks information that is not relevant to the claims or defenses 25 of any party and is not reasonably calculated to lead to the discovery of admissible 26 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 27 further objects to this request as vague and ambiguous as to what constitutes 28 25 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 documents "concerning" the uploading of content to Veoh. UMG further objects to the 2 extent that this request seeks documents that are not in UMG's possession, custody or 3 control. UMG further objects that the request seeks information that is already in 4 Veoh's possession, custody or control, or reasonably available to Veoh. 5 Subject to and without waiving the foregoing objections, UMG will produce non- 6 privileged responsive documents, if any, to the extent identified by a search of the 7 files of specific employees and executives that UMG will identify utilizing specific 8 search terms that UMG will identify. 9 REQUEST FOR PRODUCTION NO. 46: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 11 All documents concerning Veoh accounts registered to you. RESPONSE TO REQUEST FOR PRODUCTION NO. 46: 12 UMG incorporates by reference each of its General Objections. UMG further 13 objects that this request is overbroad, unduly burdensome, and seeks documents that 14 are neither relevant to the claims or defenses of any party nor reasonably calculated to 15 lead to the discovery of admissible evidence. UMG objects to the terms "Veoh 16 accounts" and "registered to you" as vague and ambiguous. 17 Subject to and without waiving the foregoing objections, UMG will produce non- 18 privileged responsive documents, if any, to the extent identified by a search of the 19 files of specific employees and executives that UMG will identify utilizing specific 20 search terms that UMG will identify. 21 REQUEST FOR PRODUCTION NO. 54: 22 All documents relating to each and every file you have ever uploaded to Veoh 23 containing a copy of any work, or any portion thereof, alleged by you in this action, 24 including documents evidencing (i) the date the file was uploaded to Veoh; (ii) the file 25 that was uploaded (including the file name and title, and any other identifying 26 information, including Veoh permalink if available); and (iii) the title of the work. 27 28 26 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 RESPONSE TO REQUEST FOR PRODUCTION NO. 54: UMG incorporates by reference each of its General Objections. UMG further 3 objects that this request seeks information that is not relevant to the claims or defenses 4 of any party and is not reasonably calculated to lead to the discovery of admissible 5 evidence. UMG further objects that this request appears to request documents that are 6 not in UMG's possession, custody or control. UMG further objects to this request on 7 the grounds that it is, premature insofar as UMG has not yet been able to identify all 8 of the specific works for which UMG alleges infringement in this action as the 9 information to do so is possessed by Veoh and not UMG. As a result, the 10 nonprivileged documents UMG produces in response to this request, if any, should 11 not be construed as a representation by UMG that the works referred to in such 12 documents constitutes a complete list of UMG's copyrighted works that have appeared 13 on Veoh or as a representation that further factual investigation and discovery will not 14 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG objects 15 to this request on the grounds that "documents relating to each and every file" is vague 16 and ambiguous. 17 Subject to and without waiving the foregoing objections, UMG will produce non- 18 privileged responsive documents, if any, to the extent identified by a search of the 19 files of specific employees and executives that UMG will identify utilizing specific 20 search terms that UMG will identify. 21 REQUEST FOR PRODUCTION NO. 57: 22 All documents evidencing, referring or relating to your allegation in paragraph 23 3 of the Complaint that "Veoh has directly and indirectly infringed thousands of 24 Plaintiffs' copyrighted sound recordings and musical compositions, which Veoh has 25 reproduced, adapted, displayed and distributed - and it has done so with the help of, 26 among others, Michael Eisner (former Chairman and CEO of The Walt Disney 27 Company), Goldman Sachs, and Time Warner Investments." 28 27 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 RESPONSE TO REQUEST FOR PRODUCTION NO. 57: UMG incorporates by reference each of its General Objections. UMG further 3 objects on the grounds that the documents requested are already within Veoh's 4 possession, custody, and control, and therefore equally or more readily available to 5 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 6 burdensome, and seeks documents that are neither relevant to the claims or defenses 7 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 8 in that it seeks documents "referring or relating to" this allegation. UMG further 9 objects to this request on the grounds that it is premature insofar as UMG has not yet 10 been able to identify all of the specific copyrighted sound recordings and musical 11 compositions for which UMG alleges infringement in this action as the information to 12 do so is possessed by Veoh and not UMG. As a result, the nonprivileged documents 13 UMG produces in response to this request, if any, should not be construed as a 14 representation by UMG that the works referred to in such documents constitutes a 15 complete list of UMG's copyrighted works that have appeared on Veoh or as a 16 representation that further factual investigation and discovery will not reveal more of 17 UMG's copyrighted works that have appeared on Veoh. UMG further objects to this 18 request to the extent it calls for the production of privileged attorney-client 19 communications, attorney work product, or otherwise privileged or protected material. 20 UMG further objects to this request on the grounds that the phrase "evidencing, 21 referring or relating to" is vague and ambiguous. 22 Subject to and without waiving the foregoing objections, UMG will produce non- 23 privileged responsive documents, if any, to the extent identified by a search of the 24 files of specific employees and executives that UMG will identify utilizing specific 25 search terms that UMG will identify. 26 27 28 28 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 333 South Grand Avenue Los Angeles, CA 90071-1543 All documents evidencing, referring or relating to your allegation in paragraph 3 3 of the Complaint that Veoh makes "permanent copies on servers that it owns or 4 controls of audiovisual works containing Plaintiffs' copyrighted music." 5 RESPONSE TO REQUEST FOR PRODUCTION NO. 58: 6 Winston & Strawn LLP REQUEST FOR PRODUCTION NO. 58: UMG incorporates by reference each of its General Objections. UMG further 7 objects on the grounds that the documents requested are already within Veoh's 8 possession, custody, and control, and therefore equally or more readily available to 9 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 10 burdensome, and seeks documents that are neither relevant to the claims or defenses 11 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 12 in that it seeks documents "referring or relating to" this allegation, UMG further 13 objects to this request on the grounds that it is premature insofar as UMG has not yet 14 been able to identify all of the specific musical works for which UMG alleges 15 infringement in this action as the information to do so is possessed by Veoh and not 16 UMG. As a result, the nonprivileged documents UMG produces in response to this 17 request, if any, should not be construed as a representation by UMG that the works 18 referred to in such documents constitutes a complete list of UMG's copyrighted works 19 that have appeared on Veoh or as a representation that further factual investigation 20 and discovery will not reveal more of UMG's copyrighted works that have appeared 21 on Veoh. UMG further objects to this request to the extent it calls for the production 22 of privileged attorney-client communications, attorney work product, or otherwise 23 privileged or protected material. UMG further objects to this request on the grounds 24 that the phrase "evidencing, referring or relating to" is vague and ambiguous. 25 Subject to and without waiving the foregoing objections, UMG will produce non- 26 privileged responsive documents, if any, to the extent identified by a search of the 27 28 29 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 files of specific employees and executives that UMG will identify utilizing specific 2 search terms that UMG will identify. 3 REQUEST FOR PRODUCTION NO. 59: 4 5 3 of the Complaint that Veoh "[converts] Plaintiffs [sic] audiovisual works into 6 commonly used video formats to facilitate infringement by Veoh's users." 7 RESPONSE TO REQUEST FOR PRODUCTION NO. 59: 8 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP All documents evidencing, referring or relating to your allegation in paragraph UMG incorporates by reference each of its General Objections. UMG further objects on the grounds that the documents requested are already within Veoh's 10 possession, custody, and control, and therefore equally or more readily available to 11 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 12 burdensome, and seeks documents that are neither relevant to the claims or defenses 13 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 14 in that it seeks documents "referring or relating to" this allegation. UMG further 15 objects to this request on the grounds that it is premature insofar as UMG has not yet 16 been able to identify all of the specific audiovisual works for which UMG alleges 17 infringement in this action as the information to do so is possessed by Veoh and not 18 UMG. As a result, the nonprivileged documents UMG produces in response to this 19 request, if any, should not be construed as a representation by UMG that the works 20 referred to in such documents constitutes a complete list of UMG's copyrighted works 21 that have appeared on Veoh or as a representation that further factual investigation 22 and discovery will not reveal more of UMG's copyrighted works that have appeared 23 on Veoh. UMG further objects to this request to the extent it calls for the production 24 of privileged attorney-client communications, attorney work product, or otherwise 25 privileged or protected material. UMG further objects to this request on the grounds 26 that the phrase "evidencing, referring or relating to" is vague and ambiguous. 27 28 30 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 Subject to and without waiving the foregoing objections, UMG will produce non- 2 privileged responsive documents, if any, to the extent identified by a search of the 3 files of specific employees and executives that UMG will identify utilizing specific 4 search terms that UMG will identify. 5 REQUEST FOR PRODUCTION NO. 60: 6 7 3 of the Complaint that Veoh "virally [exploits] Plaintiffs' music and audiovisual 8 works without permission or a license." 9 RESPONSE TO REQUEST FOR PRODUCTION NO. 60: 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP All documents evidencing, referring or relating to your allegation in paragraph UMG incorporates by reference each of its General Objections. UMG further 11 objects on the grounds that the documents requested are already within Veoh's 12 possession, custody, and control, and therefore equally or more readily available to 13 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 14 burdensome, and seeks documents that are neither relevant to the claims or defenses 15 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 16 in that it seeks documents "referring or relating to" this allegation. UMG further 17 objects to this request on the grounds that it is premature insofar as UMG has not yet 18 been able to identify all of the specific musical and audiovisual works for which UMG 19 alleges infringement in this action as the information to do so is possessed by Veoh 20 and not UMG. As a result, the nonprivileged documents UMG produces in response to 21 this request, if any, should not be construed as a representation by UMG that the 22 works referred to in such documents constitutes a complete list of UMG's copyrighted 23 works that have appeared on Veoh or as a representation that further factual 24 investigation and discovery will not reveal more of UMG's copyrighted works that 25 have appeared on Veoh. UMG further objects to this request to the extent it calls for 26 the production of privileged attorney-client communications, attorney work product, 27 or otherwise privileged or protected material. UMG further objects to this request on 28 31 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 the grounds that the phrase "evidencing, referring or relating to" is vague and 2 ambiguous. 3 Subject to and without waiving the foregoing objections, UMG will produce non- 4 privileged responsive documents, if any, to the extent identified by a search of the 5 files of specific employees and executives that UMG will identify utilizing specific 6 search terms that UMG will identify. 7 REQUEST FOR PRODUCTION NO. 61: 8 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 9 All documents evidencing, referring or relating to your allegation in paragraph 3 of the Complaint that Veoh "[provides] free permanent downloads of Plaintiffs' 10 music and audiovisual works." 11 RESPONSE TO REQUEST FOR PRODUCTION NO. 61: 12 UMG incorporates by reference each of its General Objections. UMG further 13 objects on the grounds that the documents requested are already within Veoh's 14 possession, custody, and control, and therefore equally or more readily available to 15 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 16 burdensome, and seeks documents that are neither relevant to the claims or defenses 17 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 18 in that it seeks documents "referring or relating to" this allegation. UMG further 19 objects to this request on the grounds that it is premature insofar as UMG has not yet 20 been able to identify all of the specific musical and audiovisual works for which UMG 21 alleges infringement in this action as the information to do so is possessed by Veoh 22 and not UMG. As a result, the nonprivileged documents UMG produces in response to 23 this request, if any, should not be construed as a representation by UMG that the 24 works referred to in such documents constitutes a complete list of UMG`s copyrighted 25 works that have appeared on Veoh or as a representation that further factual 26 investigation and discovery will not reveal more of UMG's copyrighted works that 27 have appeared on Veoh. UMG further objects to this request to the extent it calls for 28 32 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 the production of privileged attorney-client communications, attorney work product, 2 or otherwise privileged or protected material. UMG further objects to this request on 3 the grounds that the phrase "evidencing, referring or relating to" is vague and 4 ambiguous. 5 Subject to and without waiving the foregoing objections, UMG will produce non- 6 privileged responsive documents, if any, to the extent identified by a search of the 7 files of specific employees and executives that UMG will identify utilizing specific 8 search terms that UMG will identify. 9 REQUEST FOR PRODUCTION NO. 62.: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 All documents evidencing, referring or relating to your allegation in paragraph 11 4 of the Complaint that "Veoh has engaged in rampant infringement of Plaintiffs' 12 copyrighted music as part of Veoh's strategy to become one of the internet's most 13 popular and valuable 'video sharing' websites, and to thereby attract advertising 14 dollars and tens of millions of dollars of venture capital investment." 15 RESPONSE TO REQUEST FOR PRODUCTION NO. 62: 16 UMG incorporates by reference each of its General Objections. UMG further 17 objects on the grounds that the documents requested are already within Veoh's 18 possession, custody, and control, and therefore equally or more readily available to 19 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 20 burdensome, and seeks documents that are neither relevant to the claims or defenses 21 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 22 in that it seeks documents "referring or relating to" this allegation. UMG further 23 objects to this request on the grounds that it is premature insofar as UMG has not yet 24 been able to identify all of the specific works for which UMG alleges infringement in 25 this action as the information to do so is possessed by Veoh and not UMG. As a result, 26 the nonprivileged documents UMG produces in response to this request, if any, should 27 not be construed as a representation by UMG that the works referred to in such 28 33 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 documents constitutes a complete list of UMG's copyrighted works that have appeared 2 on Veoh or as a representation that further factual investigation and discovery will not 3 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 4 objects to this request to the extent it calls for the production of privileged attorney- 5 client communications, attorney work product, or otherwise privileged or protected 6 material. UMG further objects to this request on the grounds that the phrase 7 "evidencing, referring or relating to" is vague and ambiguous. 8 Subject to and without waiving the foregoing objections, UMG will produce non- 9 privileged responsive documents, if any, to the extent identified by a search of the 10 files of specific employees and executives that UMG will identify utilizing6 specific 11 search terms that UMG will identify. 12 REQUEST FOR PRODUCTION NO. 63: 13 All documents evidencing, referring or relating to your allegation in paragraph 14 4 of the Complaint that "Veoh's business plan is based on theft." 15 RESPONSE TO REQUEST FOR PRODUCTION NO. 63: 16 UMG incorporates by reference each of its General Objections. UMG further 17 objects on the grounds that the documents requested are already within Veoh's 18 possession, custody, and control, and therefore equally or more readily available to 19 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 20 burdensome, and seeks documents that are neither relevant to the claims or defenses 21 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 22 in that it seeks documents "referring or relating to" this allegation. UMG further 23 objects to this request on the grounds that it is premature insofar as UMG has not yet 24 been able to identify all of the specific works for which UMG alleges infringement in 25 this action as the information to do so is possessed by Veoh and not UMG. As a result, 26 the nonprivileged documents UMG produces in response to this request, if any, should 27 not be construed as a representation by UMG that the works referred to in such 28 34 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 documents constitutes a complete list of UMG's copyrighted works that have appeared 2 on Veoh or as a representation that further factual investigation and discovery will not 3 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 4 objects to this request to the extent it calls for the production of privileged attorney- 5 client communications, attorney work product, or otherwise privileged or protected 6 material. UMG further objects to this request on the grounds that the phrase 7 "evidencing, referring or relating to" is vague and ambiguous. 8 Subject to and without waiving the foregoing objections, UMG will produce non- 9 privileged responsive documents, if any, to the extent identified by a search of the 10 files of specific employees and executives that UMG will identify utilizing specific 11 search terms that UMG will identify. 12 REQUEST FOR PRODUCTION NO. 64: 13 All documents evidencing, referring or relating to your allegation in paragraph 14 8 of the Complaint that "UMGR owns copyrights in ... the 'copyrighted sound 15 recordings' for which UMGR has obtained or has applied for Certificates of Copyright 16 Registration issued by the Register of Copyrights," for each of the copyrighted sound 17 recordings for which you claim infringement in this action. 18 RESPONSE TO REQUEST FOR PRODUCTION NO. 64: 19 UMG incorporates by reference each of its General Objections. UMG further 20 objects that this request is overbroad, unduly burdensome, and seeks documents that 21 are neither relevant to the claims or defenses of any party nor reasonably calculated to 22 lead to the discovery of admissible evidence, in that it seeks documents "referring or 23 relating to" this allegation. UMG further objects that this request is overbroad, unduly 24 burdensome, and seeks documents that are neither relevant to the claims or defenses 25 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 26 in that it seeks documents "referring or relating to" this allegation. UMG further 27 objects to this request on the grounds that it is premature insofar as UMG has not yet 28 35 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 been able to identify all of the specific copyrighted sound recordings for which UMG 2 alleges infringement in this action as the information to do so is possessed by Veoh 3 and not UMG. As a result, the nonprivileged documents UMG produces in response to 4 this request, if any, should not be construed as a representation by UMG that the 5 works referred to in such documents constitutes a complete list of UMG's copyrighted 6 works that have appeared on Veoh or as a representation that further factual 7 investigation and discovery will not reveal more of UMG`s copyrighted works that 8 have appeared on Veoh. UMG further objects to this request to the extent it calls for 9 the production of privileged attorney-client communications, attorney work product, 10 or otherwise privileged or protected material. UMG further objects to this request on 11 the grounds that the phrase "evidencing, referring or relating to" is vague and 12 ambiguous. UMG further objects to this request as duplicative of Request for 13 Production No. 56. 14 Subject to and without waiving the foregoing objections, UMG will produce non- 15 privileged responsive documents, if any, to the extent identified by a search of the 16 files of specific employees and executives that UMG will identify utilizing specific 17 search terms that UMG will identify. 18 REQUEST FOR PRODUCTION NO. 71: 19 All documents evidencing, referring or relating to your allegation in paragraph 20 13 of the Complaint that "Veoh is well aware of the mass infringement it has 21 facilitated." 22 RESPONSE TO REQUEST FOR PRODUCTION NO. 71: 23 UMG incorporates by reference each of its General Objections. UMG further 24 objects on the grounds that the documents requested are already within Veoh's 25 possession, custody, and control, and therefore equally or more readily available to 26 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 27 burdensome, and seeks documents that are neither relevant to the claims or defenses 28 36 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 2 in that it seeks documents "referring or relating to" this allegation. UMG further 3 objects to this request to the extent it calls for the production of privileged attorney- 4 client communications, attorney work product, or otherwise privileged or protected 5 material. UMG further objects to this request on the grounds that the phrase 6 "evidencing, referring or relating to" is vague and ambiguous. 7 Subject to and without waiving the foregoing objections, UMG will produce non- 8 privileged responsive documents, if any, to the extent identified by a search of the 9 files of specific employees and executives that UMG will identify utilizing specific 10 search terms that UMG will identify. 11 REQUEST FOR PRODUCTION NO. 72: 12 All documents that evidence facts alleged in paragraph 13 of the Complaint that 13 "Veoh consciously is seeking to enjoy the benefits of exploiting copyrighted content, 14 such as increased traffic on its website, without having to pay copyright owners for 15 using their content." 16 RESPONSE TO REQUEST FOR PRODUCTION NO. 72: 17 UMG incorporates by reference each of its General Objections. UMG further 18 objects on the grounds that the documents requested are already within Veoh's 19 possession, custody, and control, and therefore equally or more readily available to 20 Veoh than to UMG. UMG further objects to this request to the extent it calls for the 21 production of privileged attorney-client communications, attorney work product, or 22 otherwise privileged or protected material. 23 Subject to and without waiving the foregoing objections, UMG will produce non- 24 privileged responsive documents, if any, to the extent identified by a search of the 25 files of specific employees and executives that UMG will identify utilizing specific 26 search terms that UMG will identify. 27 28 37 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 333 South Grand Avenue Los Angeles, CA 90071-1543 All documents evidencing, referring or relating to the allegations in paragraph 3 14 of the Complaint that Veoh's investors "benefit from Veoh's infringing acts." 4 RESPONSE TO REQUEST FOR PRODUCTION NO. 73: 5 Winston & Strawn LLP REQUEST FOR PRODUCTION NO. 73: UMG incorporates by reference each of its General Objections. UMG further 6 objects on the grounds that the documents requested are already within Veoh's 7 possession, custody, and control, and therefore equally or more readily available to 8 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 9 burdensome, and seeks documents that are neither relevant to the claims or defenses 10 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 11 in that it seeks documents "referring or relating to" this allegation. UMG further 12 objects to this request to the extent it calls for the production of privileged attorney- 13 client communications, attorney work product, or otherwise privileged or protected 14 material. UMG further objects to this request on the grounds that the phrase 15 "evidencing, referring or relating to" is vague and ambiguous. 16 Subject to and without waiving the foregoing objections, UMG will produce non- 17 privileged responsive documents, if any, to the extent identified by a search of the 18 files of specific employees and executives that UMG will identify utilizing specific 19 search terms that UMG will identify. 20 REQUEST FOR PRODUCTION NO. 74.: 21 All documents evidencing, referring or relating to the allegations in paragraph 22 16 of the Complaint that "each of the Defendants was the agent of each of the other 23 defendants and, in doing the things alleged in this complaint, were acting within the 24 course and scope of such agency." 25 RESPONSE TO REQUEST FOR PRODUCTION NO. 74: 26 27 28 UMG incorporates by reference each of its General Objections. UMG further objects on the grounds that the documents requested are already within Veoh's 38 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 possession, custody, and control, and therefore equally or more readily available to 2 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 3 burdensome, and seeks documents that are neither relevant to the claims or defenses 4 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 5 in that it seeks documents "referring or relating to" this allegation. UMG further 6 objects to this request to the extent it calls for the production of privileged attorney- 7 client communications, attorney work product, or otherwise privileged or protected 8 material. UMG further objects to this request on the grounds that the phrase 9 "evidencing, referring or relating to" is vague and ambiguous. 10 Subject to and without waiving the foregoing objections, UMG will produce non- 11 privileged responsive documents, if any, to the extent identified by a search of the 12 files of specific employees and executives that UMG will identify utilizing specific 13 search terms that UMG will identify. 14 REQUEST FOR PRODUCTION NO. 75: 15 All documents evidencing, referring or relating to the allegations in paragraph 16 17 of your complaint that Veoh has created software and services "designed to 17 encourage, induce, and enable members of the public to make, upload, download, 18 'share,' sell, rent, and distribute permanent copies of videos without regard to the 19 rights of copyright owners." 20 RESPONSE TO REQUEST FOR PRODUCTION NO. 75: 21 UMG incorporates by reference each of its General Objections. UMG further 22 objects on the grounds that the documents requested are already within Veoh's 23 possession, custody, and control, and therefore equally or more readily available to 24 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 25 burdensome, and seeks documents that are neither relevant to the claims or defenses 26 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 27 in that it seeks documents "referring or relating to" this allegation. UMG further 28 39 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 objects to this request to the extent it calls for the production of privileged attorney- 2 client communications, attorney work product, or otherwise privileged or protected 3 material. UMG further objects to this request on the grounds that the phrase 4 "evidencing, referring or relating to" is vague and ambiguous. 5 Subject to and without waiving the foregoing objections, UMG will produce non- 6 privileged responsive documents, if any, to the extent identified by a search of the 7 files of specific employees and executives that UMG will identify utilizing specific 8 search terms that UMG will identify. 9 REQUEST FOR PRODUCTION NO. 76: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 All documents evidencing, referring or relating to the allegations in paragraph 11 17 of your complaint that "Veoh uses the Veohnet p2p service to facilitate the 12 distribution of high quality copies of infringing content over the internet and to enable 13 Veoh to exploit its members' computers to engage in acts of copyright infringement." 14 RESPONSE TO REQUEST FOR PRODUCTION NO. 76: 15 UMG incorporates by reference each of its General Objections. UMG further 16 objects on the grounds that the documents requested are already within Veoh's 17 possession, custody, and control, and therefore equally or more readily available to 18 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 19 burdensome, and seeks documents that are neither relevant to the claims or defenses 20 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 21 in that it seeks documents "referring or relating to" this allegation. UMG further 22 objects to this request to the extent it calls for the production of privileged attorney- 23 client communications, attorney work product, or otherwise privileged or protected 24 material. UMG further objects to this request on the grounds that the phrase 25 "evidencing, referring or relating to" is vague and ambiguous. 26 Subject to and without waiving the foregoing objections, UMG will produce non- 27 privileged responsive documents, if any, to the extent identified by a search of the 28 40 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 files of specific employees and executives that UMG will identify utilizing specific 2 search terms that UMG will identify. 3 REQUEST FOR PRODUCTION NO. 77: 4 5 20 of your complaint that "by offering thousands of infringing works for free viewing 6 and downloading, and by providing sophisticated tools that enable the reproduction 7 and dissemination of video over the internet, the Veoh.com website has been able to 8 attract millions of unique visitors each month." 9 RESPONSE TO REQUEST FOR PRODUCTION NO. 77: 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP All documents evidencing, referring or relating to the allegations in paragraph UMG incorporates by reference each of its General Objections. UMG further 11 objects on the grounds that the documents requested are already within Veoh's 12 possession, custody, and control, and therefore equally or more readily available to 13 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 14 burdensome, and seeks documents that are neither relevant to the claims or defenses 15 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 16 in that it seeks documents "referring or relating to" this allegation. UMG further 17 objects to this request to the extent it calls for the production of privileged attorney- 18 client communications, attorney work product, or otherwise privileged or protected 19 material. UMG further objects to this request on the grounds that the phrase 20 "evidencing, referring or relating to" is vague and ambiguous. 21 Subject to and without waiving the foregoing objections, UMG will produce non- 22 privileged responsive documents, if any, to the extent identified by a search of the 23 files of specific employees and executives that UMG will identify utilizing specific 24 search terms that UMG will identify. 25 REQUEST FOR PRODUCTION NO.78: 26 27 28 All documents evidencing, referring or relating to the allegations in paragraph 20 of your complaint that "Veoh directly profits from its mass infringement by, among 41 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 other things, selling targeted advertisements that reflect what content (including 2 infringing content) Veoh's members are viewing, and by sharing in revenues when 3 members use Veoh's services to rent or sell videos." 4 RESPONSE TO REQUEST FOR PRODUCTION NO. 78: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 5 UMG incorporates by reference each of its General Objections. UMG further 6 objects on the grounds that the documents requested are already within Veoh's 7 possession, custody, and control, and therefore equally or more readily available to 8 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 9 burdensome, and seeks documents that are neither relevant to the claims or defenses 10 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 11 in that it seeks documents "referring or relating to" this allegation. UMG further 12 objects to this request to the extent it calls for the production of privileged attorney- 13 client communications, attorney work product, or otherwise privileged or protected 14 material. UMG further objects to this request on the grounds that the phrase 15 "evidencing, referring or relating to" is vague and ambiguous. 16 Subject to and without waiving the foregoing objections, UMG will produce non- 17 privileged responsive documents, if any, to the extent identified by a search of the 18 files of specific employees and executives that UMG will identify utilizing specific 19 search terms that UMG will identify. 20 REQUEST FOR PRODUCTION NO. 79: 21 All documents evidencing, referring or relating to the allegations in paragraph 22 21 of the Complaint, that "Veoh engages in direct infringement and indirect 23 infringement of Plaintiffs' copyrights". 24 RESPONSE TO REQUEST FOR PRODUCTION NO. 79: 25 UMG incorporates by reference each of its General Objections. UMG further 26 objects on the grounds that the documents requested are already within Veoh's 27 possession, custody, and control, and therefore equally or more readily available to 28 42 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 2 burdensome, and seeks documents that are neither relevant to the claims or defenses 3 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 4 in that it seeks documents "referring or relating to" this allegation. UMG further 5 objects to this request on the grounds that it is premature insofar as UMG has not yet 6 been able to identify all of the specific copyrights for which UMG alleges 7 infringement in this action as the information to do so is possessed by Veoh and not 8 UMG. As a result, the nonprivileged documents UMG produces in response to this 9 request, if any, should not be construed as a representation by UMG that the works 10 referred to in such documents constitutes a complete list of UMG's copyrighted works 11 that have appeared on Veoh or as a representation that further factual investigation 12 and discovery will not reveal more of UMG's copyrighted works that have appeared 13 on Veoh. UMG further objects to this request to the extent it calls for the production 14 of privileged attorney-client communications, attorney work product, or otherwise 15 privileged or protected material. UMG further objects to this request on the grounds 16 that the phrase "evidencing, referring or relating to" is vague and ambiguous. 17 Subject to and without waiving the foregoing objections, UMG will produce non- 18 privileged responsive documents, if any, to the extent identified by a search of the 19 files of specific employees and executives that UMG will identify utilizing specific 20 search terms that UMG will identify. 21 REQUEST FOR PRODUCTION NO. 80: 22 All documents evidencing, referring or relating to the allegations in paragraph 23 21(a) of the Complaint that "in furtherance of its direct and indirect infringement" 24 Veoh "reproduced (i.e. made permanent copies of audiovisual works containing 25 thousands of Plaintiffs' copyrighted works on servers that Veoh owns or controls." 26 27 28 43 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 RESPONSE TO REQUEST FOR PRODUCTION NO. 80: UMG incorporates by reference each of its General Objections. UMG further 3 objects on the grounds that the documents requested are already within Veoh's 4 possession, custody, and control, and therefore equally or more readily available to 5 Veoh than to UMG, UMG further objects that this request is overbroad, unduly 6 burdensome, and seeks documents that are neither relevant to the claims or defenses 7 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 8 in that it seeks documents "referring or relating to" this allegation. UMG further 9 objects to this request on the grounds that it is premature insofar as UMG has not yet 10 been able to identify all of the specific copyrighted works for which UMG alleges 11 infringement in this action as the information to do so is possessed by Veoh b and not 12 UMG. As a result, the nonprivileged documents UMG produces in response to this 13 request, if any, should not be construed as a representation by UMG that the works 14 referred to in such documents constitutes a complete list of UMG's copyrighted works 15 that have appeared on Veoh or as a representation that further factual investigation 16 and discovery will not reveal more of UMG's copyrighted works that have appeared 17 on Veoh. UMG further objects to this request to the extent it calls for the production 18 of privileged attorney-client communications, attorney work product, or otherwise 19 privileged or protected material. UMG further objects to this request on the grounds 20 that the phrase "evidencing, referring or relating to" is vague and ambiguous. 21 Subject to and without waiving the foregoing objections, UMG will produce non- 22 privileged responsive documents, if any, to the extent identified by a search of the 23 files of specific employees and executives that UMG will identify utilizing specific 24 search terms that UMG will identify. 25 REQUEST FOR PRODUCTION NO. 81: 26 27 28 All documents evidencing, referring or relating to the allegations in paragraph 21 (e) of the Complaint that "in furtherance of its direct and indirect infringement" 44 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 Veoh "induced and enabled Veoh members to upload copies of videos without the 2 authorization of the copyright owner, including videos copied from third party 3 websites without authorization of the website or the copyright owner (and often in 4 violation of the third party website's terms of use)." 5 RESPONSE TO REQUEST FOR PRODUCTION NO. 81: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 6 UMG incorporates by reference each of its General Objections. UMG further 7 objects on the grounds that the documents requested are already within Veoh's 8 possession, custody, and control, and therefore equally or more readily available to 9 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 10 burdensome, and seeks documents that are neither relevant to the claims or defenses 11 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 12 in that it seeks documents "referring or relating to" this allegation. UMG further 13 objects to this request to the extent it calls for the production of privileged attorney- 14 client communications, attorney work product, or otherwise privileged or protected 15 material. UMG further objects to this request on the grounds that the phrase 16 "evidencing, referring or relating to" is vague and ambiguous. 17 Subject to and without waiving the foregoing objections, UMG will produce non- 18 privileged responsive documents, if any, to the extent identified by a search of the 19 files of specific employees and executives that UMG will identify utilizing specific 20 search terms that UMG will identify. 21 REQUEST FOR PRODUCTION NO. 82: 22 All documents evidencing, referring or relating to the allegations in paragraph 23 21 (g) of your complaint that Veoh "created and distributed Veoh's client software, 24 which Veoh knows is being used to infringe copyrights." 25 RESPONSE TO REQUEST FOR PRODUCTION NO. 82: 26 27 28 UMG incorporates by reference each of its General Objections. UMG further objects on the grounds that the documents requested are already within Veoh's 45 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 possession, custody, and control, and therefore equally or more readily available to 2 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 3 burdensome, and seeks documents that are neither relevant to the claims or defenses 4 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 5 in that it seeks documents "referring or relating to" this allegation. UMG further 6 objects to this request to the extent it calls for the production of privileged attorney- 7 client communications, attorney work product, or otherwise privileged or protected 8 material. UMG further objects to this request on the grounds that the phrase 9 "evidencing, referring or relating to" is vague and ambiguous. 10 Subject to and without waiving the foregoing objections, UMG will produce non- 11 privileged responsive documents, if any, to the extent identified by a search of the 12 files of specific employees and executives that UMG will identify utilizing specific 13 search terms that UMG will identify. 14 REQUEST FOR PRODUCTION NO. 84: 15 All documents evidencing, referring or relating to the allegations in paragraph 16 21 (1) of your complaint that Veoh "provided users with anonymity to upload, view, 17 download, copy and/or further distribute audiovisual works." 18 RESPONSE TO REQUEST FOR PRODUCTION NO. 84: 19 UMG incorporates by reference each of its General Objections. UMG further 20 objects on the grounds that the documents requested are already within Veoh's 21 possession, custody, and control, and therefore equally or more readily available to 22 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 23 burdensome, and seeks documents that are neither relevant to the claims or defenses 24 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 25 in that it seeks documents "referring or relating to" this allegation. UMG further 26 objects to this request to the extent it calls for the production of privileged attorney- 27 client communications, attorney work product, or otherwise privileged or protected 28 46 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 material. UMG further objects to this request on the grounds that the phrase 2 "evidencing, referring or relating to" is vague and ambiguous. 3 Subject to and without waiving the foregoing objections, UMG will produce non- 4 privileged responsive documents, if any, to the extent identified by a search of the 5 files of specific employees and executives that UMG will identify utilizing specific 6 search terms that UMG will identify. 7 REQUEST FOR PRODUCTION NO. 85: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 8 All documents evidencing, referring or relating to the allegations in paragraph 9 21 (m) of your complaint that "for each video that a viewer watches, [Veoh] generated 10 a selection of 'related' videos - which regularly includes copyrighted works - for users 11 to consider while watching the video." 12 RESPONSE TO REQUEST FOR PRODUCTION NO. 85: 13 UMG incorporates by reference each of its General Objections. UMG further 14 objects on the grounds that the documents requested are already within Veoh's 15 possession, custody, and control, and therefore equally or more readily available to 16 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 17 burdensome, and seeks documents that are neither relevant to the claims or defenses 18 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 19 in that it seeks documents "referring or relating to" this allegation. UMG further 20 objects to this request to the extent it calls for the production of privileged attorney- 21 client communications, attorney work product, or otherwise privileged or l I protected 22 material. UMG further objects to this request on the grounds that the phrase 23 "evidencing, referring or relating to" is vague and ambiguous. 24 Subject to and without waiving the foregoing objections, UMG will produce non- 25 privileged responsive documents, if any, to the extent identified by a search of the 26 files of specific employees and executives that UMG will identify utilizing specific 27 search terms that UMG will identify. 28 47 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 22 of your complaint that "the foregoing acts indicate Veoh's ability and intent to 4 facilitate, encourage, and profit from the mass unauthorized exploitation of 5 copyrighted content, including Plaintiffs' copyrighted sound recordings and 6 copyrighted musical compositions." 7 RESPONSE TO REQUEST FOR PRODUCTION NO 86: 9 333 South Grand Avenue Los Angeles, CA 90071-1543 All documents evidencing, referring or relating to the allegations in paragraph 3 8 Winston & Strawn LLP REQUEST FOR PRODUCTION NO. 86: UMG incorporates by reference each of its General Objections. UMG further objects on the grounds that the documents requested are already within Veoh's 10 possession, custody, and control, and therefore equally or more readily available to 11 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 12 burdensome, and seeks documents that are neither relevant to the claims or defenses 13 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 14 in that it seeks documents "referring or relating to" this allegation. UMG further 15 objects to this request on the grounds that it is premature insofar as UMG has not yet 16 been able to identify all of the specific copyrighted sound recordings and copyrighted 17 musical compositions for which UMG alleges infringement in this action as the 18 information to do so is possessed by Veoh and not UMG. As a result, the 19 nonprivileged documents UMG produces in response to this request, if any, should 20 not be construed as a representation by UMG that the works referred to in such 21 documents constitutes a complete list of UMG's copyrighted works that have appeared 22 on Veoh or as a representation that further factual investigation and discovery will not 23 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 24 objects to this request to the extent it calls for the production of privileged attorney- 25 client communications, attorney work product, or otherwise privileged or protected 26 material. UMG further objects to this request on the grounds that the phrase 27 "evidencing, referring or relating to" is vague and ambiguous. 28 48 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 Subject to and without waiving the foregoing objections, UMG will produce non- 2 privileged responsive documents, if any, to the extent identified by a search of the 3 files of specific employees and executives that UMG will identify utilizing specific 4 search terms that UMG will identify. 5 REQUEST FOR PRODUCTION NO. 88: 6 7 23 of the Complaint that "any member of the public can, for example, visit Veoh.com 8 where thousands of infringing works are available for immediate viewing, 9 downloading and other forms of "sharing." 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP All documents evidencing, referring or relating to the allegations in paragraph 11 RESPONSE TO REQUEST FOR PRODUCTION NO. 88: UMG incorporates by reference each of its General Objections. UMG further 12 objects on the grounds that the documents requested are already within Veoh's 13 possession, custody, and control, and therefore equally or more readily available to 14 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 15 burdensome, and seeks documents that are neither relevant to the claims or defenses 16 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 17 in that it seeks documents "referring or relating to" this allegation. UMG further 18 objects to this request to the extent it calls for the production of privileged attorney- 19 client communications, attorney work product, or otherwise privileged or protected 20 material. UMG further objects to this request on the grounds that the phrase 21 "evidencing, referring or relating to" is vague and ambiguous. 22 Subject to and without waiving the foregoing objections, UMG will produce non- 23 privileged responsive documents, if any, to the extent identified by a search of the 24 files of specific employees and executives that UMG will identify utilizing specific 25 search terms that UMG will identify. 26 27 28 49 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 333 South Grand Avenue Los Angeles, CA 90071-1543 All documents evidencing, referring or relating to the allegations in paragraph 3 23 of the Complaint that "Veoh supplies statistics about how often each work has been 4 used without the permission of the copyright owner." 5 RESPONSE TO REQUEST FOR PRODUCTION NO. 89: 6 Winston & Strawn LLP REQUEST FOR PRODUCTION NO. 89: UMG incorporates by reference each of its General Objections. UMG further 7 objects on the grounds that the documents requested are already within Veoh's 8 possession, custody, and control, and therefore equally or more readily available to .18 9 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 10 burdensome, and seeks documents that are neither relevant to the claims or defenses 11 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 12 in that it seeks documents "referring or relating to" this allegation. UMG further 13 objects to this request to the extent it calls for the production of privileged attorney- 14 client communications, attorney work product, or otherwise privileged or protected 15 material. UMG further objects to this request on the grounds that the phrase 16 "evidencing, referring or relating to" is vague and ambiguous. 17 Subject to and without waiving the foregoing objections, UMG will produce non- 18 privileged responsive documents, if any, to the extent identified by a search of the 19 files of specific employees and executives that UMG will identify utilizing specific 20 search terms that UMG will identify. 21 REQUEST FOR PRODUCTION NO. 90: 22 All documents evidencing, referring or relating to the allegations in paragraph 23 24 of the Complaint that "Veoh also allows its users to view, copy, and share 24 copyrighted works through Veoh's software, VeohTV and Veoh Player." 25 RESPONSE TO REQUEST FOR PRODUCTION NO 90: 26 27 28 UMG incorporates by reference each of its General Objections. UMG further objects on the grounds that the documents requested are already within Veoh's 50 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 possession, custody, and control, and therefore equally or more readily available to 2 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 3 burdensome, and seeks documents that are neither relevant to the claims or defenses 4 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 5 in that it seeks documents "referring or relating to" this allegation. UMG further 6 objects to this request to the extent it calls for the production of privileged attorney- 7 client communications, attorney work product, or otherwise privileged or protected 8 material. UMG further objects to this request on the grounds that the phrase 9 "evidencing, referring or relating to" is vague and ambiguous. 10 Subject to and without waiving the foregoing objections, UMG will produce non- 11 privileged responsive documents, if any, to the extent identified by a search of the 12 files of specific employees and executives that UMG will identify utilizing specific 13 search terms that UMG will identify. 14 REQUEST FOR PRODUCTION NO. 91.: 15 All documents evidencing, referring or relating to the allegations in paragraph 16 25 of the Complaint that "to encourage and enable even further dissemination of 17 infringing copies across the internet, Veoh supplies its members with a number of 18 other tools, including a button to 'Share Video,' that is, email a link to the infringing 19 video or 'embed' a link to the video in another webpage." 20 RESPONSE TO REQUEST FOR PRODUCTION NO. 91: 21 UMG incorporates by reference each of its General Objections. UMG further 22 objects on the grounds that the documents requested are already within Veoh's 23 possession, custody, and control, and therefore equally or more readily available to 24 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 25 burdensome, and seeks documents that are neither relevant to the claims or defenses 26 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 27 in that it seeks documents "referring or relating to" this allegation. UMG further 28 51 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 objects to this request to the extent it calls for the production of privileged attorney- 2 client communications, attorney work product, or otherwise privileged or protected 3 material. UMG further objects to this request on the grounds that the phrase 4 "evidencing, referring or relating to" is vague and ambiguous. 5 Subject to and without waiving the foregoing objections, UMG will produce non- 6 privileged responsive documents, if any, to the extent identified by a search of the 7 files of specific employees and executives that UMG will identify utilizing specific 8 search terms that UMG will identify. 9 REQUEST FOR PRODUCTION NO.92: 10 All documents evidencing, referring or relating to the allegations in paragraph 11 26 of the Complaint that "as Defendants know, should know, and/or with reasonable 12 diligence could ascertain, many of the audiovisual works on Veoh's website contain 13 copyrighted material, including the copyrighted sound recordings and the copyrighted 14 musical compositions." 15 RESPONSE TO REQUEST FOR PRODUCTION NO. 92: 16 UMG incorporates by reference each of its General Objections. UMG further 17 objects on the grounds that the documents requested are already within Veoh's 18 possession, custody, and control, and therefore equally or more readily available to 19 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 20 burdensome, and seeks documents that are neither relevant to the claims or defenses 21 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 22 in that it seeks documents "referring or relating to" this allegation. UMG further 23 objects to this request on the grounds that it is premature insofar as UMG has not yet 24 been able to identify all of the specific copyrighted sound recordings and copyrighted 25 musical compositions for which UMG alleges infringement in this action as the 26 information to do so is possessed by Veoh and not UMG. As a result, the 27 nonprivileged documents UMG produces in response to this request, if any, should 28 52 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 not be construed as a representation by UMG that the works referred to in such 2 documents constitutes a complete list of UMG's copyrighted works that have appeared 3 on Veoh or as a representation that further factual investigation and discovery will not 4 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 5 objects to this request to the extent it calls for the production of privileged attorney- 6 client communications, attorney work product, or otherwise privileged or protected 7 material. UMG further objects to this request on the grounds that the phrase 8 "evidencing, referring or relating to" is vague and ambiguous. 9 Subject to and without waiving the foregoing objections, UMG will produce non- 10 privileged responsive documents, if any, to the extent identified by a search of the 11 files of specific employees and executives that UMG will identify utilizing specific 12 search terms that UMG will identify. 13 REQUEST FOR PRODUCTION NO. 93: 14 All documents evidencing, referring or relating to the allegations in paragraph 15 27 of the Complaint that "Defendants have willfully, intentionally, and purposefully 16 reproduced, adapted, distributed, and publicly performed the copyrighted sound 17 recordings and the copyrighted musical compositions." 18 RESPONSE TO REQUEST FOR PRODUCTION NO. 93: 19 UMG incorporates by reference each of its General Objections. UMG further 20 objects on the grounds that the documents requested are already within Veoh's 21 possession, custody, and control, and therefore equally or more readily available to 22 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 23 burdensome, and seeks documents that are neither relevant to the claims or defenses 24 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 25 in that it seeks documents "referring or relating to" this allegation. UMG further 26 objects to this request on the grounds that it is premature insofar as UMG has not yet 27 been able to identify all of the specific copyrighted sound recordings and copyrighted 28 53 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 musical compositions for which UMG alleges infringement in this action as the 2 information to do so is possessed by Veoh and not UMG. As a result, the 3 nonprivileged documents UMG produces in response to this request, if any, should 4 not be construed as a representation by UMG that the works referred to in such 5 documents constitutes a complete list of UMG's copyrighted works that have appeared 6 on Veoh or as a representation that further factual investigation and discovery will not 7 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 8 objects to this request to the extent it calls for the production of privileged attorney- 9 client communications, attorney work product, or otherwise privileged or protected 10 material. UMG further objects to this request on the grounds that the phrase 11 "evidencing, referring or relating to" is vague and ambiguous. 12 Subject to and without waiving the foregoing objections, UMG will produce non- 13 privileged responsive documents, if any, to the extent identified by a search of the 14 files of specific employees and executives that UMG will identify utilizing specific 15 search terms that UMG will identify. 16 REQUEST FOR PRODUCTION NO. 94: 17 All documents evidencing, referring or relating to the allegations in paragraph 18 27 of the Complaint that Defendants "knowingly facilitated, enabled, induced, and 19 materially contributed to infringing uses thereof." 20 RESPONSE TO REQUEST FOR PRODUCTION NO. 94: 21 UMG incorporates by reference each of its General Objections. UMG further 22 objects on the grounds that the documents requested are already within Veoh's 23 possession, custody, and control, and therefore equally or more readily available to 24 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 25 burdensome, and seeks documents that are neither relevant to the claims or defenses 26 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 27 in that it seeks documents "referring or relating to" this allegation. UMG further 28 54 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 objects to this request on the grounds that it is premature insofar as UMG has not yet 2 been able to identify all of the specific copyrighted sound recordings and copyrighted 3 musical compositions for which UMG alleges infringement in this action as the 4 information to do so is possessed by Veoh and not UMG. As a result, the 5 nonprivileged documents UMG produces in response to this request, if any, should 6 not be construed as a representation by UMG that the works referred to in such 7 documents constitutes a complete list of UMG's copyrighted works that have appeared 8 on Veoh or as a representation that further factual investigation and discovery will not 9 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 10 objects to this request to the extent it calls for the production of privileged attorney- 11 client communications, attorney work product, or otherwise privileged or protected 12 material. UMG further objects to this request on the grounds that the phrase 13 "evidencing, referring or relating to" is vague and ambiguous. 14 Subject to and without waiving the foregoing objections, UMG will produce non- 15 privileged responsive documents, if any, to the extent identified by a search of the 16 files of specific employees and executives that UMG will identify utilizing specific 17 search terms that UMG will identify. 18 REQUEST FOR PRODUCTION NO. 95: 19 All documents evidencing, referring or relating to the allegations in paragraph 20 27 of the Complaint that Defendants "refused to exercise their ability to control or 21 supervise infringing uses thereof from which Defendants financially benefit, including 22 by earning revenue from selling advertising keyed to the content of the work selected 23 for viewing, and from the overall increase in user traffic and commercial value of its 24 business and property arising from the 'draw' of infringing copyrighted sound 25 recordings and copyrighted musical compositions. 26 27 28 55 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 RESPONSE TO REQUEST FOR PRODUCTION NO. 95: UMG incorporates by reference each of its General Objections. UMG further 3 objects on the grounds that the documents requested are already within Veoh's 4 possession, custody, and control, and therefore equally or more readily available to 5 Veoh than to UMG. UMG objects to this request as vague, ambiguous, and/or 6 argumentative in that Veoh fails to include the term "and/or" which precedes the 7 quotation. UMG further objects to this request on the grounds that the phrase 8 "evidencing, referring or relating to" is vague and ambiguous. UMG further objects 9 that this request is overbroad, unduly burdensome, and seeks documents that are 10 neither relevant to the claims or defenses of any party nor reasonably calculated to 11 lead to the discovery of admissible evidence, in that it seeks documents "referring or 12 relating to" this allegation. UMG further objects to this request on the grounds that it 13 is premature insofar as UMG has not yet been able to identify all of the specific 14 copyrighted sound recordings and copyrighted musical compositions for which UMG 15 alleges infringement in this action as the information to do so is possessed by Veoh 16 and not UMG. As a result, the nonprivileged documents UMG produces in response to 17 this request, if any, should not be construed as a representation by UMG that the 18 works referred to in such documents constitutes a complete list of UMG`s copyrighted 19 works that have appeared on Veoh or as a representation that further factual 20 investigation and discovery will not reveal more of UMG's copyrighted works that 21 have appeared on Veoh. UMG further objects to this request to the extent it calls for 22 the production of privileged attorney-client communications, attorney work product, 23 or otherwise privileged or protected material. 24 Subject to and without waiving the foregoing objections, UMG will produce non- 25 privileged responsive documents, if any, to the extent identified by a search of the 26 files of specific employees and executives that UMG will identify utilizing specific 27 search terms that UMG will identify. 28 56 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 All documents evidencing, referring or relating to the allegations in paragraph 3 27 of the Complaint that "Defendants have continued to willfully infringe Plaintiffs' 4 rights even after Plaintiffs have notified them that their use of Plaintiffs copyrighted 5 materials violates Plaintiffs' rights under copyright." 6 RESPONSE TO REQUEST FOR PRODUCTION NO. 97: 333 South Grand Avenue Los Angeles, CA 90071-1543 7 Winston & Strawn LLP REQUEST FOR PRODUCTION NO. 97: UMG incorporates by reference each of its General Objections. UMG further 8 objects on the grounds that the documents requested are already within Veoh's 9 possession, custody, and control, and therefore equally or more readily available to 10 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 11 burdensome, and seeks documents that are neither relevant to the claims or defenses 12 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 13 in that it seeks documents "referring or relating to" this allegation. UMG further 14 objects to this request on the grounds that it is premature insofar as UMG has not yet 15 been able to identify all of the specific works for which UMG alleges infringement in 16 this action as the information to do so is possessed by Veoh and not UMG. As a result, 17 the nonprivileged documents UMG produces in response to this request, if any, should 18 not be construed as a representation by UMG that the works referred to in such 19 documents constitutes a complete list of UMG's copyrighted works that have appeared 20 on Veoh or as a representation that further factual investigation and discovery will not 21 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 22 objects to this request to the extent it calls for the production of privileged attorney- 23 client communications, attorney work product, or otherwise privileged or protected 24 material. UMG further objects to this request on the grounds that the phrase 25 "evidencing, referring or relating to" is vague and ambiguous. 26 Subject to and without waiving the foregoing objections, UMG will produce non- 27 privileged responsive documents, if any, to the extent identified by a search of the 28 57 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 files of specific employees and executives that UMG will identify utilizing specific 2 search terms that UMG will identify. 3 REQUEST FOR PRODUCTION NO. 148: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 4 All documents concerning Veoh, including but not limited to, documents 5 indicating your initial awareness of the existence of veoh.com. 6 RESPONSE TO REQUEST FOR PRODUCTION NO 148: 7 UMG incorporates by reference each of its General Objections. UMG further 8 objects that this request is overbroad, unduly burdensome, and seeks documents that 9 are neither relevant to the claims or defenses of any party nor reasonably calculated to 10 lead to the discovery of admissible evidence. UMG further objects to this request as 11 vague and ambiguous as to what constitutes documents "concerning" Veoh. UMG 12 further objects to the extent that this request seeks documents that are not in UMG's 13 possession, custody or control. UMG further objects that the request seeks information 14 that is already in Veoh's possession, custody or control, or reasonably available to 15 Veoh. UMG further objects to this request to the extent it calls for the production of 16 privileged attorney-client communications, attorney work product, or otherwise 17 privileged or protected material. UMG further objects to this request as duplicative of 18 Request for Production No. 7. 19 Subject to and without waiving the foregoing objections, UMG will produce non- 20 privileged responsive documents, if any, to the extent identified by a search of the 21 files of specific employees and executives that UMG will identify utilizing specific 22 search terms that UMG will identify. 23 REQUEST FOR PRODUCTION NO. 149. 24 25 26 27 28 All communications, whether direct or indirect, between you and Veoh. RESPONSE TO REQUEST FOR PRODUCTION NO. 149; UMG incorporates by reference each of its General Objections. UMG objects to this request on the grounds that the documents sought are already in Veoh's 58 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 possession, custody or control and therefore equally or more readily available to Veoh 2 than to UMG. Moreover, UMG objects to this request on the grounds that the term 3 "indirect" communications is vague and ambiguous. UMG objects that to the extent 4 this request seeks "All Communications" between UMG and Veoh, without limitation 5 as to subject-matter or time, this request is overbroad and unduly burdensome. UMG 6 also objects that this request seeks documents that are neither relevant to the claims or 7 defenses of any party nor reasonably calculated to lead to the discovery of admissible 8 evidence. 9 Subject to and without waiving the foregoing objections, UMG will produce non- 10 privileged responsive documents, if any, to the extent identified by a search of the 11 files of specific employees and executives that UMG will identify utilizing specific 12 search terms that UMG will identify. 13 REQUEST FOR PRODUCTION NO. 150: 14 15 16 All documents concerning your review of veoh.com. RESPONSE TO REQUEST FOR PRODUCTION NO. 150: UMG incorporates by reference each of its General Objections. UMG objects to 17 this request in that the phrase "your review of veoh.com" is vague, ambiguous, and/or 18 unintelligible. UMG objects that this request is overbroad, unduly burdensome, and 19 seeks documents that are neither relevant to the claims or defenses of any party nor 20 reasonably calculated to lead to the discovery of admissible evidence, in that it seeks 21 all documents "concerning" UMG's "review" of Veoh, without limitation. UMG 22 further objects to this request to the extent it calls for the production of privileged 23 attorney-client communications, attorney work product, or otherwise privileged or 24 protected material. 25 Subject to and without waiving the foregoing objections, UMG will produce non- 26 privileged responsive documents, if any, to the extent identified by a search of the 27 28 59 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 files of specific employees and executives that UMG will identify utilizing specific 2 search terms that UMG will identify. 3 REQUEST FOR PRODUCTION NO. 151: 4 5 statements, and transcriptions and videos concerning any public statements you have 6 made about Veoh, veoh.com, infringement, piracy, anti-piracy, content protection, 7 and/or this action or any related action. 8 RESPONSE TO REQUEST FOR PRODUCTION NO. 151: 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP All documents, including written or recorded speeches, press releases, press UMG incorporates by reference each of its General Objections. UMG objects 10 that this request is overbroad, unduly burdensome, and seeks documents that are 11 neither relevant to the claims or defenses of any party nor reasonably calculated to 12 lead to the discovery of admissible evidence. In particular, UMG objects to the extent 13 this request seeks "All documents ... concerning ... veoh.com, infringement, piracy, 14 anti-piracy, content protection, and/or this action or any related action." UMG further 15 objects that the request seeks information that is already in Veoh's possession, custody 16 or control, or reasonably available to Veoh. UMG further objects that this request is 17 vague and ambiguous as to "related action." UMG objects that this request seeks 18 documents that are not in UMG's possession, custody, or control. 19 Subject to and without waiving the foregoing objections, UMG will produce non- 20 privileged responsive documents, if any, to the extent identified by a search of the 21 files of specific employees and executives that UMG will identify utilizing specific 22 search terms that UMG will identify. 23 REQUEST FOR PRODUCTION NO. 152: 24 25 All documents concerning any public statements you have made about any video streaming website or about video streaming websites generally. 26 27 28 60 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 RESPONSE TO REQUEST FOR PRODUCTION NO. 152: 2 UMG incorporates by reference each of its General Objections. UMG objects 3 that this request is vague and ambiguous, overbroad, unduly burdensome, and that it 4 seeks documents that are neither relevant to the claims or defenses of any party nor 5 reasonably calculated to lead to the discovery of admissible evidence. UMG further 6 objects that this request asks for documents that are not in UMG's possession, custody 7 or control, and requests documents that are already in Veoh's possession, custody or 8 control, or reasonably available to Veoh. UMG objects to this request as vague and 9 ambiguous and/or overbroad and unduly burdensome with respect to its use of the 10 term "video streaming website." 11 Subject to and without waiving the foregoing objections, UMG will produce non- 12 privileged responsive documents, if any, to the extent identified by a search of the 13 files of specific employees and executives that UMG will identify utilizing specific 14 search terms that UMG will identify. 15 REQUEST FOR PRODUCTION NO. 154: 16 All documents concerning any and all works owned or controlled by you, 17 uploaded by, or with the authorization of, Plaintiffs to veoh.com. 18 RESPONSE TO REQUEST FOR PRODUCTION NO 154: 19 UMG incorporates by reference each of its General Objections. UMG objects 20 that this request is overbroad, unduly burdensome, and that it seeks documents that are 21 neither relevant to the claims or defenses of any party nor reasonably calculated to 22 lead to the discovery of admissible evidence. UMG objects to the request to the extent 23 it calls for a legal conclusion. 24 Subject to and without waiving the foregoing objections, UMG will produce non- 25 privileged responsive documents, if any, to the extent identified by a search of the 26 files of specific employees and executives that UMG will identify utilizing specific 27 search terms that UMG will identify. 28 61 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 REQUEST FOR PRODUCTION NO. 156: All documents concerning your knowledge of the availability, exploitation, or 3 inclusion of any works owned or controlled by you, on veoh.com. 4 RESPONSE TO REQUEST FOR PRODUCTION NO 156: 5 UMG incorporates by reference each of its General Objections. UMG objects 6 that this request overbroad, unduly burdensome, and that it seeks documents that are 7 neither relevant to the claims or defenses of any party nor reasonably calculated to 8 lead to the discovery of admissible evidence. Additionally, documents relating to 9 UMG's knowledge (as opposed to Veoh's knowledge) are neither relevant to the 10 claims or defenses of any party nor reasonably calculated to lead to the discovery of 11 admissible evidence. Further, Veoh is in a superior position to monitor the posting of 12 copyrighted works on veoh.com. Therefore, UMG objects to this request to the extent 13 that it seeks documents that are in Veoh's possession, custody, or control and which 14 are therefore equally or more readily accessible to Veoh than to UMG. UMG further 15 objects to this request on the grounds that the phrase "availability, exploitation, or 16 inclusion" is vague and ambiguous. 17 Subject to and without waiving the foregoing objections, UMG will produce non- 18 privileged responsive documents, if any, to the extent identified by a search of the 19 files of specific employees and executives that UMG will identify utilizing specific 20 search terms that UMG will identify. 21 REQUEST FOR PRODUCTION NO. 157: 22 All documents between you and Veoh prior to the commencement of this 23 litigation in which you stated or otherwise gave notice to Veoh that you objected to 24 the availability, exploitation or inclusion of any work owned or controlled by you on 25 veoh.com. 26 27 28 62 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 RESPONSE TO REQUEST FOR PRODUCTION NO. 157: UMG incorporates by reference each of its General Objections. UMG objects 3 that this request is overbroad, unduly burdensome, and that it seeks documents that are 4 neither relevant to the claims or defenses of any party nor reasonably calculated to 5 lead to the discovery of admissible evidence. UMG further objects on the grounds that 6 the documents requested are already within Veoh's possession, custody, and control, 7 and are therefore equally or more readily available to Veoh than to UMG. UMG 8 objects to this request on the grounds that it is vague and ambiguous as to the term 9 "documents between you and Veoh." 10 Subject to and without waiving the foregoing objections, UMG will produce non- 11 privileged responsive documents, if any, to the extent identified by a search of the 12 files of specific employees and executives that UMG will identify utilizing specific 13 search terms that UMG will identify. 14 REQUEST FOR PRODUCTION NO. 159: 15 All documents concerning your decision not to submit a DMCA Notice to Veoh 16 regarding works owned or controlled by you that were available on Veoh. 17 RESPONSE TO REQUEST FOR PRODUCTION NO. 159: 18 UMG incorporates by reference each of its General Objections. UMG further 19 objects that the request is overbroad, unduly burdensome, and that it seeks documents 20 that are neither relevant to the claims or defenses of any party nor reasonably 21 calculated to lead to the discovery of admissible evidence. UMG further objects to this 22 request to the extent it assumes or implies that UMG is in any sense obligated to send 23 notices of copyright infringement to Veoh. UMG further objects to this request as 24 vague and ambiguous as to what constitutes documents "concerning" UMG's decision. 25 UMG further objects to the extent that this request seeks documents that are not in 26 UMG's possession, custody; or control. UMG further objects that the term "DMCA 27 Notices" is vague and ambiguous, and that it calls for a legal conclusion. UMG further 28 63 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 objects to this request to the extent it calls for the production of privileged attorney- 2 client communications, attorney work product, or otherwise privileged or protected 3 material. 4 Subject to and without waiving the foregoing objections, UMG will produce non- 5 privileged responsive documents, if any, to the extent identified by a search of the 6 files of specific employees and executives that UMG will identify utilizing specific 7 search terms that UMG will identify. 8 REQUEST FOR PRODUCTION NO. 160: 9 All documents concerning any policy, practice or procedure Plaintiffs have (or 10 have had in the past) that relates in any way to the DMCA, including, but not limited 11 to, the submission of DMCA Notices and any "notice and take down" policies 12 applicable to any internet service offered (either currently or in the past) by Plaintiffs. 13 RESPONSE TO REQUEST FOR PRODUCTION NO. 160: 14 UMG incorporates by reference each of its General Objections. UMG further 15 objects to the request on the ground that "All documents concerning any policy, 16 practice, or procedure Plaintiffs have (or have had in the past) that relates in any way 17 to the DMCA," is vague and ambiguous. UMG further objects that the term "any 18 internet service offered (either currently or in the past) by Plaintiffs" is vague and 19 ambiguous. UMG further objects that the request is overbroad, unduly burdensome, 20 and that it seeks documents that are neither relevant to the claims or defenses of any 21 party nor reasonably calculated to lead to the discovery of admissible evidence. UMG 22 further objects that the term "DMCA Notices" is vague and ambiguous, and that it 23 calls for a legal conclusion. UMG further objects to this request to the extent it calls 24 for the production of privileged attorney-client communications, attorney work 25 product, or otherwise privileged or protected material. 26 Subject to and without waiving the foregoing objections, UMG will produce non- 27 privileged responsive documents, if any, to the extent identified by a search of the 28 64 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 files of specific employees and executives that UMG will identify utilizing specific 2 search terms that UMG will identify. 3 REQUEST FOR PRODUCTION NO. 163: 4 5 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 6 All documents concerning market research about veoh.com. RESPONSE TO REQUEST FOR PRODUCTION NO. 163: UMG incorporates by reference each of its General Objections. UMG further 7 objects that the request is vague and ambiguous, overbroad, unduly burdensome, and 8 that it seeks documents that are neither relevant to the claims or defenses of any parry 9 nor reasonably calculated to lead to the discovery of admissible evidence. UMG 10 objects to this request on the grounds that the term "market research" is vague, 11 ambiguous, and/or overbroad and unduly burdensome. 12 Subject to and without waiving the foregoing objections, UMG will produce non- 13 privileged responsive documents, if any, to the extent identified by a search of the 14 files of specific employees and executives that UMG will identify utilizing specific 15 search terms that UMG will identify. 16 REQUEST FOR PRODUCTION NO. 169: 17 All documents concerning all meetings and communications between you and 18 Veoh in 2007. 19 RESPONSE TO REQUEST FOR PRODUCTION NO. 169: 20 UMG incorporates by reference each of its General Objections. UMG further 21 objects to this request as vague and ambiguous as to what constitutes "documents 22 "concerning" all meetings and communications." UMG further objects to the extent 23 that this request seeks documents that are not in UMG's possession, custody or 24 control. UMG further objects that the request seeks information that is already in 25 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 26 objects to this request to the extent it calls for the production of privileged attorney- 27 28 65 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 client communications, attorney work product, or otherwise privileged or protected 2 material. 3 Subject to and without waiving the foregoing objections, UMG will produce non- 4 privileged responsive documents, if any, to the extent identified by a search of the 5 files of specific employees and executives that UMG will identify utilizing specific 6 search terms that UMG will identify. 7 REQUEST FOR PRODUCTION NO. 170: 8 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 9 All documents concerning public statements by you concerning this lawsuit, including without limitation the factual basis for the allegations in the complaint and 10 your reasons for filing the lawsuit. 11 RESPONSE TO REQUEST FOR PRODUCTION NO. 170: 12 UMG incorporates by reference each of its General Objections. UMG further 13 objects that the request is vague and ambiguous, overbroad, unduly burdensome, and 14 that it seeks documents that are neither relevant to the claims or defenses of any party 15 nor reasonably calculated to lead to the discovery of admissible evidence. UMG 16 further objects to this request as vague and ambiguous as to what constitutes 17 documents "concerning" public statements. UMG further objects to the extent that this 18 request seeks documents that are not in UMG's possession, custody or control. 19 UMG further objects that the request seeks information that is already in Veoh's 20 possession, custody or control, or reasonably available to Veoh. UMG further objects 21 to this request to the extent it calls for the production of privileged attorney client 22 communications, attorney work product, or otherwise privileged or protected material. 23 Subject to and without waiving the foregoing objections, UMG will produce non- 24 privileged responsive documents, if any, to the extent identified by a search of the 25 files of specific employees and executives that UMG will identify utilizing specific 26 search terms that UMG will identify. 27 28 66 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 333 South Grand Avenue Los Angeles, CA 90071-1543 All documents concerning communications between you and any person 3 (including, but not limited to, music publishers, record labels, artists, internet sites), 4 concerning this lawsuit, including without limitation the factual basis for the 5 allegations in the complaint and your reasons for filing the lawsuit. 6 RESPONSE TO REQUEST FOR PRODUCTION NO. 171: 7 Winston & Strawn LLP REQUEST FOR PRODUCTION NO. 171: UMG incorporates by reference each of its General Objections. UMG further 8 objects that the request is vague and ambiguous, overbroad, unduly burdensome, and 9 that it seeks documents that are neither relevant to the claims or defenses of any parry 10 nor reasonably calculated to lead to the discovery of admissible evidence. UMG 11 further objects to this request as vague and ambiguous as to what constitutes 12 "documents "concerning" communications." UMG further objects to the extent that 13 this request seeks documents that are not in UMG's possession, custody or control. 14 UMG objects to this request on the grounds that the term "person" is overbroad, 15 unduly burdensome, and vague and ambiguous. UMG further objects to this request to 16 the extent it calls for the production of privileged attorney-client communications, 17 attorney work product, or otherwise privileged or protected material. 18 Subject to and without waiving the foregoing objections, UMG will produce non- 19 privileged responsive documents, if any, to the extent identified by a search of the 20 files of specific employees and executives that UMG will identify utilizing specific 21 search terms that UMG will identify. 22 REQUEST FOR PRODUCTION NO. 172: 23 All documents concerning any agreements, formal or informal, that you have 24 entered into, proposed, considered or negotiated concerning any website, including 25 but not limited to YouTube.com and Bolt.com. 26 27 28 67 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 RESPONSE TO REQUEST FOR PRODUCTION NO. 172: UMG incorporates by reference each of its General Objections. UMG further 3 objects that the request is vague and ambiguous, overbroad, unduly burdensome, and 4 that it seeks documents that are neither relevant to the claims or defenses of any party 5 nor reasonably calculated to lead to the discovery of admissible evidence. UMG 6 further objects to this request as vague and ambiguous as to what constitutes 7 documents "concerning" any agreements. UMG further objects to the extent that this 8 request seeks documents that are not in UMG's possession, custody or control. 9 UMG further objects to the extent that this request calls for information that is subject 10 to confidentiality agreements between UMG and third parties. 11 Subject to and without waiving the foregoing objections, UMG will produce executed 12 license agreements for music streaming and downloading services after entry by the 13 Court of an appropriate protective order and subject to UMG's obligations under the 14 confidentiality restrictions in those agreements. 15 REQUEST FOR PRODUCTION NO. 174: 16 For any response to Veoh's Requests for Admissions to you that is not an 17 unqualified admission, all documents that support your response to such Request. 18 RESPONSE TO REQUEST FOR PRODUCTION NO. 174: 19 UMG incorporates by reference each of its General Objections. UMG also 20 hereby incorporates by reference each of its general and specific objections to Veoh's 21 First Set of Requests for Admissions. UMG further objects that this request is vague 22 and ambiguous, overbroad, unduly burdensome, and that it seeks documents that are 23 neither relevant to the claims or defenses of any party nor reasonably calculated to 24 lead to the discovery of admissible evidence 25 Subject to and without waiving the foregoing objections, UMG will produce non- 26 privileged responsive documents, if any, to the extent identified by a search of the 27 28 68 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 files of specific employees and executives that UMG will identify utilizing specific 2 search terms that UMG will identify. 3 REQUEST FOR PRODUCTION NO. 181: 4 5 memoranda, and records of telephone or live conversations, that constitute, grant, or 6 memorialize permission by any person, to include Plaintiffs' works in user-generated 7 videos posted online or over the internet. 8 RESPONSE TO REQUEST FOR PRODUCTION NO 181: 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP All documents, including but not limited to contracts, emails, letters, UMG incorporates by reference each of its General Objections. UMG objects 10 that this request is overbroad, unduly burdensome, and seeks documents that are 11 neither relevant to the claims or defenses of any party nor reasonably calculated to 12 lead to the discovery of admissible evidence. UMG further objects to the extent that 13 this request calls for information that is subject to confidentiality agreements between 14 UMG and third parties. 15 Subject to and without waiving the foregoing objections, UMG will produce non- 16 privileged responsive documents, if any, to the extent identified by a search of the 17 files of specific employees and executives that UMG will identify utilizing2 II specific 18 search terms that UMG will identify. 19 REQUEST FOR PRODUCTION NO. 188: 20 All public statements made by you pertaining to the impact on you, including 21 but not limited to sales and financial impact, of online piracy and/or copyright 22 infringement. 23 RESPONSE TO REQUEST FOR PRODUCTION NO. 188: 24 UMG incorporates by reference each of its General Objections. UMG objects 25 that this request is overbroad, unduly burdensome, and seeks documents that are 26 neither relevant to the claims or defenses of any party nor reasonably calculated to 27 lead to the discovery of admissible evidence. UMG further objects that the request 28 69 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 seeks information that is already in Veoh's possession, custody or control, or 2 reasonably available to Veoh. 3 Subject to and without waiving the foregoing objections, UMG will produce non- 4 privileged responsive documents, if any, to the extent identified by a search of the 5 files of specific employees and executives that UMG will identify utilizing specific 6 search terms that UMG will identify. 7 REQUEST FOR PRODUCTION NO. 189: 8 All documents pertaining to any public statements made by you pertaining to 9 the impact on you, including but not limited to sales and financial impact, of online 10 piracy and/or copyright infringement. 11 RESPONSE TO REQUEST FOR PRODUCTION NO. 189: 12 UMG incorporates by reference each of its General Objections. UMG objects 13 that this request is overbroad, unduly burdensome, and seeks documents that are 14 neither relevant to the claims or defenses of any party nor reasonably calculated to 15 lead to the discovery of admissible evidence. UMG further objects to this request as 16 vague and ambiguous as to what constitutes documents "pertaining to" public 17 statements. UMG further objects to the extent that this request seeks documents that 18 are not in UMG's possession, custody or control. 19 Subject to and without waiving the foregoing objections, UMG will produce non- 20 privileged responsive documents, if any, to the extent identified by a search of the 21 files of specific employees and executives that UMG will identify utilizing specific 22 search terms that UMG will identify. 23 REQUEST FOR PRODUCTION NO. 204: 24 Documents sufficient to identify the manner and strategy by which any person 25 or entity, including but not limited to NetReach, conducts viral marketing activities of 26 your copyrighted works. 27 28 70 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 RESPONSE TO REQUEST FOR PRODUCTION NO. 204: 2 UMG incorporates by reference each of its General Objections. UMG further 3 objects that this request is overbroad, unduly burdensome, and seeks documents that 4 are neither relevant to the claims or defenses of any party nor reasonably calculated to 5 lead to the discovery of admissible evidence. UMG further objects to this request on 6 the grounds that the term "viral marketing" is vague and ambiguous and renders the 7 request overbroad and unduly burdensome, UMG further objects to this request 8 appears to request documents that are not in UMG's possession, custody or control. 9 Subject to and without waiving the foregoing objections, UMG will produce non- 10 privileged responsive documents, if any, to the extent identified by a search of the 11 files of specific employees and executives that UMG will identify utilizing specific 12 search terms that UMG will identify. 13 REQUEST FOR PRODUCTION NO. 205: 14 15 All documents between you and NetReach. RESPONSE TO REQUEST FOR PRODUCTION NO. 205: 16 UMG incorporates by reference each of its General Objections. UMG further 17 objects that this request is overbroad, unduly burdensome, and seeks documents that 18 are neither relevant to the claims or defenses of any party nor reasonably calculated to 19 lead to the discovery of admissible evidence. UMG further objects to this request on 20 the grounds that the term "viral marketing" is vague and ambiguous and renders the 21 request overbroad and unduly burdensome. UMG objects to the term "documents 22 between you and NetReach" as vague, ambiguous, and/or unintelligible. 23 Subject to and without waiving the foregoing objections, UMG will produce non- 24 privileged responsive documents, if any, to the extent identified by a search of the 25 files of specific employees and executives that UMG will identify utilizing specific 26 search terms that UMG will identify. 27 28 71 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 REQUEST FOR PRODUCTION NO. 208: Documents sufficient to identify any and all reports prepared regarding said 3 viral marketing activities. 4 RESPONSE TO REQUEST FOR PRODUCTION NO. 208: 5 UMG incorporates by reference each of its General Objections. UMG further 6 objects that this request is overbroad, unduly burdensome, and seeks documents that 7 are neither relevant to the claims or defenses of any parry nor reasonably calculated to 8 lead to the discovery of admissible evidence. UMG further objects to this request on 9 the grounds that the term "said viral marketing activities" is vague and ambiguous and 10 renders the request overbroad and unduly burdensome. UMG further objects to this 11 request appears to request documents that are not in UMG's possession, custody or 12 control. 13 Subject to and without waiving the foregoing objections, UMG will produce non- 14 privileged responsive documents, if any, to the extent identified by a search of the 15 files of specific employees and executives that UMG will identify utilizing specific 16 search terms that UMG will identify. 17 REQUEST FOR PRODUCTION NO. 209: 18 All documents evidencing, referring or relating to any and all reports and/or 19 memoranda reporting on viral marketing activities relating to your copyrighted works 20 or any artists under contract with you. 21 RESPONSE TO REQUEST FOR PRODUCTION NO. 209: 22 UMG incorporates by reference each of its General Objections. UMG further 23 objects that this request is overbroad, unduly burdensome, and seeks documents that 24 are neither relevant to the claims or defenses of any party nor reasonably calculated to 25 lead to the discovery of admissible evidence. UMG further objects to this request on 26 the grounds that the terms "viral marketing activities" and "evidencing, referring or 27 relating to" are vague and ambiguous and render the request overbroad and unduly 28 72 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 burdensome. UMG further objects that this request appears to request documents that 2 are not in UMG's possession, custody or control. 3 Subject to and without waiving the foregoing objections, UMG will produce non- 4 privileged responsive documents, if any, to the extent identified by a search of the 5 files of specific employees and executives that UMG will identify utilizing specific 6 search terms that UMG will identify. 7 REQUEST FOR PRODUCTION NO. 210: 8 9 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 All documents evidencing, referring or relating to video streaming licenses and agreements for any and all of your copyrighted works. RESPONSE TO REQUEST FOR PRODUCTION NO. 210: 11 UMG incorporates by reference each of its General Objections. UMG further 12 objects that this request is overbroad, unduly burdensome, and seeks documents that 13 are neither relevant to the claims or defenses of any party nor reasonably calculated to 14 lead to the discovery of admissible evidence. UMG further objects to this request to 15 the extent it requests documents that are not in UMG's possession, custody, or control. 16 UMG further objects to the extent that this request calls for information that is subject 17 to confidentiality agreements between UMG and third parties. UMG further objects to 18 this request on the grounds that the phrase "evidencing, referring or relating to" is 19 vague and ambiguous. 20 Subject to and without waiving the foregoing objections, UMG will produce executed 21 license agreements for music streaming and downloading services after entry by the 22 Court of an appropriate protective order and subject to UMG's obligations under the 23 confidentiality restrictions in those agreements. 24 REQUEST FOR PRODUCTION NO. 211: 25 26 All documents evidencing, referring or relating to digital download licenses and agreements for any and all of your copyrighted works. 27 28 73 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 RESPONSE TO REQUEST FOR PRODUCTION NO. 211: 2 UMG incorporates by reference each of its General Objections. UMG further 3 objects that this request is overbroad, unduly burdensome, and seeks documents that 4 are neither relevant to the claims or defenses of any party nor reasonably calculated to 5 lead to the discovery of admissible evidence. UMG further objects to this request to 6 the extent it requests documents that are not in UMG's possession, custody, or control. 7 UMG further objects to the extent that this request calls for information that is subject 8 to confidentiality agreements between UMG and third parties. UMG further objects to 9 this request on the grounds that the phrase "evidencing, referring or relating to" is 10 vague and ambiguous. 11 Subject to and without waiving the foregoing objections, UMG will produce executed 12 license agreements for music streaming and downloading services after entry by the 13 Court of an appropriate protective order and subject to UMG's obligations under the 14 confidentiality restrictions in those agreements. 15 REQUEST FOR PRODUCTION NO. 217: 16 All documents evidencing, referring or relating to your policies regarding your 17 artists' uploading or posting of your copyrighted works on the internet. 18 RESPONSE TO REQUEST FOR PRODUCTION NO. 217: 19 UMG incorporates by reference each of its General Objections. UMG further 20 objects that this request is vague and ambiguous, overbroad, unduly burdensome, and 21 that it seeks documents that are neither relevant to the claims or defenses of any party 22 nor reasonably calculated to lead to the discovery of admissible evidence, in that it 23 seeks "All documents evidencing, referring or relating to your policies" regarding 24 postings of UMG's copyrighted works by artists. 25 Subject to and without waiving the foregoing objections, UMG will produce non- 26 privileged responsive documents, if any, to the extent identified by a search of the 27 28 74 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 files of specific employees and executives that UMG will identify utilizing specific 2 search terms that UMG will identify. 3 REQUEST FOR PRODUCTION NO. 220: 4 5 d/b/a MySpace.com, et al., Case No. CV 06-07361. 6 RESPONSE TO REQUEST FOR PRODUCTION NO. 220: 333 South Grand Avenue Los Angeles, CA 90071-1543 7 Winston & Strawn LLP All documents produced in UMG Recordings, Inc., et al. v. MySpace, Inc. UMG incorporates by reference each of its General Objections. UMG further 8 objects that this request seeks information that is not relevant to the claims or defenses 9 of any party and is not reasonably calculated to lead to the discovery of admissible 10 evidence. The request is therefore overbroad and unduly burdensome as well. 11 Subject to and without waiving the foregoing objections, UMG will produce non- 12 privileged responsive documents, if any, to the extent identified by a search of the 13 files of specific employees and executives that UMG will identify utilizing specific 14 search terms that UMG will identify. 15 REQUEST FOR PRODUCTION NO. 221: 16 All documents produced in UMG Recordings, Inc., et al. v. Grouper Networks, 17 Inc., d/b/a Grouper.com et al., Case No. CV 06-06561. 18 RESPONSE TO REQUEST FOR PRODUCTION NO. 221: 19 UMG incorporates by reference each of its General Objections. UMG further 20 objects that this request seeks information that is not relevant to the claims or defenses 21 of any party and is not reasonably calculated to lead to the discovery of admissible 22 evidence. The request is therefore overbroad and unduly burdensome as well. 23 Subject to and without waiving the foregoing objections, UMG will produce non- 24 privileged responsive documents, if any, to the extent identified by a search of the 25 files of specific employees and executives that UMG will identify utilizing specific 26 search terms that UMG will identify. 27 28 75 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 REQUEST FOR PRODUCTION NO. 224: All documents evidencing, referring or relating to any and all of your board 3 minutes referring to this action and/or any other action relating to allegations of 4 copyright infringement on the internet. 5 RESPONSE TO REQUEST FOR PRODUCTION NO. 224: 6 UMG incorporates by reference each of its General Objections. UMG further 7 objects that this request is overbroad, unduly burdensome, and seeks documents that 8 are neither relevant to the claims or defenses of any party nor reasonably calculated to 9 lead to the discovery of admissible evidence. UMG further objects to this request to 10 the extent it calls for the production of privileged attorney-client communications, 11 attorney work product, or otherwise privileged or protected material. UMG further 12 objects to this request on the grounds that the phrase "evidencing, referring or relating 13 to" is vague and ambiguous. 14 Subject to and without waiving the foregoing objections, UMG will produce non- 15 privileged responsive documents, if any, to the extent identified by a search of the 16 files of specific employees and executives that UMG will identify utilizing specific 17 search terms that UMG will identify. 18 REQUEST FOR PRODUCTION NO. 225: 19 All documents evidencing, referring or relating to any and all investigation by 20 you, of Veoh or veoh.com. 21 RESPONSE TO REQUEST FOR PRODUCTION NO. 225: 22 UMG incorporates by reference each of its General Objections. UMG further 23 objects that this request is overbroad, unduly burdensome, and seeks documents that 24 are neither relevant to the claims or defenses of any party nor reasonably calculated to 25 lead to the discovery of admissible evidence. UMG further objects to this request to 26 the extent it calls for the production of privileged attorney-client communications, 27 attorney work product, or otherwise privileged or protected material. UMG further 28 76 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 objects to this request on the grounds that the phrase "evidencing, referring or relating 2 to" is vague and ambiguous. 3 Subject to and without waiving the foregoing objections, UMG will produce non- 4 privileged responsive documents, if any, to the extent identified by a search of the 5 files of specific employees and executives that UMG will identify utilizing specific 6 search terms that UMG will identify. 7 REQUEST FOR PRODUCTION NO. 233: 8 All documents evidencing, referring or relating to any analysis, investigation, 9 study and/or report relating to music videos posted on veoh.com by members of the 10 public. 11 RESPONSE TO REQUEST FOR PRODUCTION NO. 233: 12 UMG incorporates by reference each of its General Objections. UMG further 13 objects that this request is overbroad, unduly burdensome, and seeks documents that 14 are neither relevant to the claims or defenses of any party nor reasonably calculated to 15 lead to the discovery of admissible evidence. UMG further objects to this request as 16 premature in that it calls for UMG to produce information regarding the factual basis 17 of its claims before UMG has had the opportunity to complete its investigation of the 18 facts or to conduct appropriate discovery into the factual basis of its claims. Moreover, 19 giving an accurate and full response to this request would be impossible at this time 20 given that much of the information about which music videos works have been posted 21 on veoh.com is largely within Veoh's own possession, custody or control. UMG 22 further objects to this request to the extent it requests documents that are not in UMG's 23 possession, custody or control. UMG further objects to this request on the grounds 24 that the phrase "evidencing, referring or relating to" is vague and ambiguous. 25 Subject to and without waiving the foregoing objections, UMG will produce non- 26 privileged responsive documents, if any, to the extent identified by a search of the 27 28 77 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 files of specific employees and executives that UMG will identify utilizing specific 2 search terms that UMG will identify. 3 B. Veoh's Contentions and Points and Authorities 4 Ninety-one times throughout their written responses to Veoh's Requests for 5 Production of Documents, Plaintiffs qualified their "agreement" to produce documents 6 in such a way as to render the "agreement," and related responses, meaningless. 7 Rather than comply with their discovery obligations under the Federal Rules, 8 Plaintiffs instead attempt to unilaterally limit their obligation to one that is impossible 9 to define and impossible to enforce. Plaintiffs should be compelled to comply with 10 their obligations under the Federal Rules and produce all responsive, non-privileged 11 documents. Alternatively, for each response where such search methodology might 12 be warranted, Plaintiffs should be compelled to identify the custodians whose files 13 Plaintiffs intend to search, and search terms Plaintiffs intend to use. Indeed, this Court 14 has ordered Plaintiffs to provide additional custodians in UMG Recordings v. 15 MySpace, et al. (Calkins Decl. ¶ 19). 16 1. Plaintiffs Should Be Compelled to Identify The Custodians and 17 Search Terms for Each Request Where Plaintiffs' Proposed 18 Search Methodology Might Be Warranted 19 Peppered throughout Plaintiffs' written responses to Veoh's Requests for 20 Production is the same response designed to create the illusion of cooperation, 21 specifically: "UMG will produce non-privileged responsive documents, if any, to the 22 extent identified by a search of the files of specific employees and executives that 23 UMG will identify utilizing specific search terms that UMG will identify." 24 While Veoh objected to Plaintiffs' blatant attempt to avoid the obligation to 25 produce all responsive documents, not just those uncovered through select searches of 26 certain custodians' files using terms chosen by Plaintiffs, Veoh nonetheless, in an 27 effort to resolve the dispute without judicial intervention, agreed to at least review 28 78 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 Plaintiffs' proposed lists of search terms and custodians to understand the scope and 2 attempt to narrow the dispute. (Calkins Decl., ¶¶ 10-11). While Plaintiffs' counsel 3 reiterated during the meet and confer process the promise to "identify" first set forth in 4 Plaintiffs' written responses, Plaintiffs did not follow through with any "identification" 5 and turned a deaf ear to Veoh's multiple attempts to obtain the information.1 (Calkins 6 Decl., ¶ 12). Now, two and a half months after Plaintiffs served their written 7 responses, Plaintiffs have still failed to identify a single custodian, identify a single 8 search term, or produce a single document in any reasonable manner. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 9 Plaintiffs' responses are at best meaningless, and at worst evasive. Setting aside 10 for the moment that Plaintiffs have yet to produce their first document, Veoh has no 11 way of testing the quality of any production based on the responses given, particularly 12 without the promised identification of custodians and search terms. While Veoh 13 objects to Plaintiffs' proposed approach, Plaintiffs should, as a preliminary matter, be 14 compelled to provide further responses including search terms and custodians to at 15 least permit Veoh to determine the extent further motion practice will be necessary. 16 2. Plaintiffs Should Produce All Responsive Non-Privileged 17 Documents To Requests Where Plaintiffs' Proposed Search 18 Methodology is Not Warranted 19 Interestingly, Plaintiffs give the qualified response of "UMG will produce non- 20 privileged responsive documents, if any, to the extent identified by a search of the 21 files of specific employees and executives that UMG will identify utilizing specific 22 search terms that UMG will identify" even to Requests seeking an undeniably small 23 universe of documents for which "search terms" would not be necessary. (See e.g. 24 Request No. 11 requesting "All DMCA Notifications or notices of infringement that 25 1 26 27 28 Plaintiffs later demanded that Veoh provide search terms Veoh intended to use and attempted to retroactively condition Plaintiffs' own identification on Veoh's meeting Plaintiffs' demand. Of course there is nothing in Veoh's written responses or the Federal Rules that would obligate Veoh in such a way. Veoh's written responses did not resemble Plaintiffs', as Veoh committed to produce documents discovered through a diligent search. 79 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 you have sent to Veoh," and Request No. 157 requesting "All documents between you 2 and Veoh prior to the commencement of this litigation in which you stated or 3 otherwise gave notice to Veoh that you objected to the availability, exploitation or 4 inclusion of any work owned or controlled by you on veoh.com."). Certainly, 5 devising a list of search terms and potential custodians for such requests is entirely 6 unnecessary and appears to be nothing more than Plaintiffs' attempt to frustrate Veoh's 7 discovery efforts. For all such Requests, Plaintiffs should be compelled to produce all 8 non-privileged, responsive documents instead of hiding behind an unnecessary, delay- 9 inducing, and in all likelihood limiting, search methodology. 10 C. UMG’s Contentions And Points Of Authorities 11 Veoh’s first argument is a red herring that falsely accuses UMG of discovery 12 failures while Veoh tries to ignore its own discovery obligations. Veoh contends that 13 UMG refuses to disclose its methodology for identifying potentially responsive, 14 relevant documents that will be produced (specifically, the identity of employees 15 whose files will be searched and the search methodology used in searching their files). 16 Veoh’s contention is false; UMG never refused to provide this information. UMG 17 merely indicated that it would provide that information if Veoh also provided 18 information about its own methodology for identifying potentially responsive, 19 relevant documents that will be produced. Veoh’s motion is more than ironic because 20 the information it requests is the precise information it refused to exchange with 21 UMG. Instead, Veoh argues that UMG should disclose how it will collect and 22 produce documents, while Veoh refuses to provide such information.2 Veoh’s 23 position becomes even more ironic when the Court considers the fact that, unlike 24 Veoh, UMG moved its production forward rapidly notwithstanding the fact that the 25 parties could not agree on disclosure of search methodology. UMG did not wait to 26 27 28 2 UMG has sought to compel this precise information in UMG’s own motion to compel. As UMG has indicated throughout, it will provide information about its own search methodology, but not in a one-way exchange, as Veoh seems to contemplate. 80 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 produce the results of its searching. On June 26, 2008, UMG produced more than 1.4 2 million pages of documents to Veoh. Veoh obviously did not even bother to look at 3 UMG’s production. Instead, only one week after receiving this very large production 4 (which Veoh does not even suggest it has reviewed), Veoh sent UMG this motion, 5 contending that UMG’s unreviewed production was insufficient. Unlike UMG, Veoh 6 has not moved forward with meaningful document production. It continues to 7 withhold numerous categories of relevant materials – indeed it has yet to even produce 8 any of its internal email communications, or basic documents about the functions of 9 its website and client software – core materials relevant to UMG’s infringement 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 11 12 13 claims and Veoh’s affirmative defenses. 1. UMG Offered To Exchange Search Methodology, But Veoh Refused Veoh’s motion seeks an order compelling UMG to provide information about 14 how it searched for responsive documents. UMG offered to exchange such 15 information, but it is Veoh, not UMG, that refuses to disclose its search methodology. 16 UMG indicated throughout the meet-and-confer process that it would be willing to 17 mutually discuss the search strategies used to identify potentially relevant, responsive 18 documents. Declaration Of Brian Ledahl In Support Of UMG's Opposition To Veoh's 19 Motion To Compel ("Ledahl Decl."), ¶ 2. UMG continues to believe that this is an 20 appropriate strategy for both parties to provide clarity about what documents will be 21 produced and avoid unnecessary ambiguity about the scope of particular document 22 requests. UMG made clear, however, that such an exchange of information must be 23 mutual. Veoh asks the Court to order that only UMG be required to provide such 24 information. As UMG explained in its own motion, numerous of Veoh’s responses to 25 UMG’s discovery requests provide only a vague assertion that Veoh will provide 26 some unspecified category of materials that Veoh identifies through some unspecified, 27 purportedly “diligent” search. Veoh refuses, however, to provide any information 28 81 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 about how Veoh purportedly will conduct such a “diligent” search. Ledahl Decl., ¶ 3; 2 Id., Exhibit ("Ex.) 1 (Veoh's Responses to UMG's First Set of RFPs). 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 3 During the meet and confer process, UMG suggested repeatedly to counsel for 4 Veoh that the parties should exchange information about the specific employees of the 5 respective parties whose files would be searched and the terms used to conduct such 6 searches. Id. at ¶ 2. UMG explained that through this process, each party would be 7 able to know what documents would be produced and would not be subject to the 8 other party’s subjective view of relevance. Moreover, such disclosure would allow 9 each party to meaningfully evaluate whether the opposing party had conducted an 10 appropriate search for relevant information. Indeed, Veoh now claims that such 11 information is essential to evaluate UMG’s production. UMG noted during the meet 12 and confer process that MySpace and Grouper both willingly agreed to exchange this 13 information. Id. Nonetheless, Veoh persists in its refusal to provide such information 14 about its own production. UMG respectfully submits that Veoh’s request for 15 information about UMG’s search methodology should be denied unless and until 16 Veoh makes a similar disclosure of its own methodology. 17 18 19 2. Veoh’s Demand For Further Production Is Unsupported And Unwarranted Though the focus of its motion in this section is Veoh’s demand that UMG be 20 ordered to disclose its search methodology (addressed above), Veoh also devotes a 21 single paragraph to arguing that UMG should make some further, exhaustive 22 production in response to more than 80 of Veoh’s document requests. Veoh mentions 23 only one of these requests in passing, never offering any meaningful support for its 24 arguments. More importantly, Veoh never explains why UMG’s already extensive 25 production is insufficient. The reason is simple: Veoh made no effort to meaningfully 26 review UMG’s production. Nevertheless, Veoh is apparently satisfied to assert that 27 UMG’s production (again, of more than 1.4 million pages of documents) is 28 82 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 insufficient without bothering even to look at the documents produced.3 As detailed 2 further in the remaining sections of this motion, were Veoh to actually review UMG’s 3 production, it would find that UMG has made an extensive production of relevant 4 materials, including email communications, licensing agreements, copyright 5 registration information, financial records, internal presentations, memoranda, and 6 other documents. Indeed, since Veoh’s discovery requests are largely identical to the 7 document requests propounded by Grouper and MySpace, UMG produced the 8 documents it produced to Grouper and MySpace. However, in order to ensure a good 9 faith search for documents requested by Veoh, UMG voluntarily undertook—at 10 tremendous expense—additional searching for literally hundreds of thousands of 11 pages of documents. Thus, UMG has now produced even more material to Veoh than 12 was produced in the MySpace and Grouper actions. 13 Veoh provides no explanation of what discovery it believes is called for by its 14 requests that has not been provided. It provides no explanation of why discovery it 15 purportedly has not received is relevant, and it provides no explanation of why the 16 need for additional discovery would outweigh the burden on UMG of producing such 17 materials. The reason for Veoh’s failures is simple – it cannot provide any such 18 evidence or argument because it does not even know what it has received. 19 As the Court is well aware, UMG need not either search for or produce 20 absolutely every document that might arguably be responsive to a document request 21 propounded by Veoh. Instead, the Federal Rules contemplate that parties make a 22 “reasonable, diligent, good faith search” for materials. See Paramount Pictures Corp. 23 v. Replay TV, Inc., 2002 WL 1315811, *1 (C.D. Cal., Apr. 29, 2002); see also Treppel 24 v. Biovail Corp., 233 F.R.D. 363, 374 (S.D.N.Y. 2006) (“[T]here is no obligation on 25 the part of the responding party to examine every scrap of paper in its potentially 26 27 28 3 Veoh’s failure to review UMG’s production is confirmed by its inclusion of the false statement in its portion of the Joint Stipulation that “Plaintiffs have yet to produce their first document.” 83 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 voluminous files in order to comply with its discovery obligations. Rather, it must 2 conduct a diligent search, which involves developing a reasonably comprehensive 3 search strategy.”). UMG has made such a search. The sufficiency and diligence of 4 UMG’s search for materials is apparent from the extensive production UMG has 5 already made. Nonetheless, Veoh demands that UMG produce every responsive 6 document to its requests. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 7 Where a party, such as Veoh here, seeks production of additional discovery 8 (here some unspecified additional discovery) beyond that already produced, it has the 9 burden of showing the need for the additional discovery. This is true even where the 10 materials sought are potentially relevant within the meaning of Federal Rule 26(b). 11 See Convolve, Inc. v. Compaq Computer Corp., 223 F.R.D. 162, 167-68 (S.D.N.Y. 12 2004). In Convolve, the court denied a request to compel production of “bills of 13 materials” requested from Compaq even though the Court found that the materials 14 were relevant for purposes of discovery. The Court denied the request for production 15 because there was no showing that these additional materials were needed in light of 16 information already provided in discovery. Id. at 168. 17 Here, Veoh has not shown why it needs additional discovery – beyond the 18 production UMG has already provided – in response to the more than 80 requests 19 listed in this section. The mere recitation of document requests is not sufficient to 20 support a motion to compel. Veoh has already received an extensive production of 21 documents in response to its requests. It is not the Court’s responsibility to sift 22 through that production and try to decide if anything further is required. If Veoh has a 23 good faith basis to contend that it has not received necessary, relevant information, it 24 must provide that information to the Court. Veoh has not provided any such 25 information. Thus, its request for further production in this section should be denied. 26 27 28 84 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 IDENTIFICATION AND OWNERSHIP OF COPYRIGHTS AT ISSUE 3 A. 5 6 7 Statement of Disputed Interrogatories and Requests For Production and Plaintiffs' Responses VEOH INTERROGATORY NOS: 1, 2, 3, 7, 23 INTERROGATORY NO. 1: Identify all copyrights owned by, or exclusively licensed to, you that you claim 8 Veoh has infringed, and for each, specify whether Veoh's alleged infringement was 9 direct, contributory, or vicarious. 10 333 South Grand Avenue Los Angeles, CA 90071-1543 ISSUE NO. 2 - DOCUMENTS AND INFORMATION REGARDING 2 4 Winston & Strawn LLP III. 11 RESPONSE TO INTERROGATORY NO. 1: UMG incorporates by reference each of its General Objections. UMG further 12 objects to this interrogatory, which requires UMG to identify which works have been 13 infringed, on the grounds that such request is unduly burdensome and that this 14 information is within the possession, custody, and control of Veoh, and has not yet 15 been produced. In particular, UMG objects that the discovery necessary to determine 16 whether the infringement was direct, contributory, or vicarious, may be within Veoh's 17 possession, custody, or control. In addition, this interrogatory incorrectly assumes 18 that Veoh provides UMG with the ability to comprehensively identify all instances of 19 copyright infringement by and through Veoh. In fact, while Veoh has that ability, 20 UMG does not. Indeed, it is Veoh and not UMG, that possesses the most complete 21 and accurate listing of copyrighted works that have 'been infringed by Veoh. UMG 22 expects that Veoh will take appropriate efforts to identify and retain this information. 23 Since UMG is unable to determine comprehensively which of its copyrights have been 24 infringed by Veoh, information provided by UMG in response to this interrogatory is 25 without waiver of any of UMG's rights and without prejudice to UMG's right to 26 identify additional copyrighted works that have been infringed by Veoh when that 27 information becomes available to UMG. 28 85 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 Subject to and without waiving the foregoing objections, UMG responds as 2 follows: With the caveat that UMG's response to this interrogatory is not necessarily 3 exhaustive, UMG will produce, pursuant to Rule 33(d) of the Federal Rules of Civil 4 Procedure, relevant, non-privileged documents showing certain of its copyrighted 5 works that UMG has been able to identify as having been infringed by Veoh for the 6 limited period of time during which UMG performed a limited review of Veoh. 7 Though discovery is ongoing, and reserving its right to supplement its response, 8 pursuant to paragraphs 28-52 of the Complaint, UMG alleges direct, vicarious, and 9 contributory liability as to each of the works identified in response to this 10 Interrogatory. 11 INTERROGATORY NO. 2: 12 For each infringement for which you claim Veoh bears contributory or 13 vicarious liability, identify the direct infringement from which the contributory or 14 vicarious liability arises. 15 RESPONSE TO INTERROGATORY NO. 2: 16 UMG incorporates by reference each of its General Objections. UMG further 17 objects to this interrogatory, which requires UMG to identify which works have been 18 infringed, on the grounds that such request is unduly burdensome and that this 19 information is within the possession, custody, and control of Veoh, and has not yet 20 been produced. In addition, this interrogatory incorrectly assumes that Veoh provides 21 UMG with the ability to comprehensively identify all instances of copyright 22 infringement by and through Veoh. In fact, while Veoh has that ability, UMG does 23 not. UMG expects that Veoh will take appropriate efforts to identify and retain this 24 information. Since UMG is unable to determine comprehensively which of its 25 copyrights have been infringed by Veoh, information provided by UMG in response 26 to this interrogatory is without waiver of any of UMG's rights and without prejudice to 27 UMG's right to identify additional copyrighted works that have been infringed by 28 86 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 follows: Discovery has just begun, and much of the information needed to respond is 4 within Veoh's possession, custody or control. However, as a preliminary matter, 5 UMG refers Veoh to the facts listed in paragraph 21 of the Complaint filed in this 6 action. 7 INTERROGATORY NO. 3: 9 333 South Grand Avenue Los Angeles, CA 90071-1543 Subject to and without waiving the foregoing objections, UMG responds as 3 8 Winston & Strawn LLP Veoh when that information becomes available to UMG. For each direct infringement requested to be identified in Interrogatory No. 2, state all facts on which you base your claim that Veoh bears contributory or vicarious 10 copyright infringement liability for such infringement. 11 RESPONSE TO INTERROGATORY NO. 3: 12 UMG incorporates by reference each of its General Objections, as well as its 13 objections to Veoh's Interrogatory No. 2. UMG objects to this interrogatory on the 14 grounds that it is premature in that it calls for UMG to produce information regarding 15 the factual basis of its claims before UMG has had the opportunity to complete its 16 investigation of the facts or to conduct appropriate discovery into the factual basis of 17 its claims. Giving an accurate and full response to this interrogatory would be 18 impossible at this time given that much of the information about which specific works 19 have been infringed by Veoh is largely within Veoh's own possession, custody and 20 control, and has not yet been produced. Finally, the instruction to "state all facts" is 21 overbroad and unduly burdensome. 22 Subject to and without waiving the foregoing objections, UMG responds as 23 follows: Discovery has just begun, and much of the information needed to respond is 24 within Veoh's possession, custody or control. However, as a preliminary matter, 25 UMG refers Veoh to the facts listed in paragraph 21 of the Complaint filed in this 26 action. 27 28 87 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 3 INTERROGATORY NO. 7: Identify all litigation involving copyright rights to which you have been a party. RESPONSE TO INTERROGATORY NO. 7: 4 UMG incorporates by reference each of its General Objections. UMG further 5 objects that the interrogatory is vague and ambiguous as to the phrase "all litigation 6 involving copyright rights." UMG objects that the discovery sought is overly broad 7 and unduly burdensome. UMG further objects that this interrogatory seeks 8 information that is neither relevant to the parties' claims or defenses nor reasonably 9 calculated to lead to the discovery of admissible evidence. UMG further objects that 10 the definition of "identify" is unduly burdensome and UMG specifically objects to this 11 definition to the extent it seeks information protected by the attorney-client privilege. 12 Such information will not be produced. 13 Subject to and without waiving the foregoing objections, UMG identifies the 14 following cases as involving the unauthorized use of UMG's copyrighted works by so- 15 called "video sharing sites": 16 17 18 19 20 21 22 23 24 • UMG Recordings, Inc. et al. v. Bolt, Inc. et al., C.D. Cal. Case No. CV 06¬0657 AHM (AJWx); • UMG Recordings, Inc., et al. v. MySpace, .Inc. d/b/a MySpace.com, et al., C.D. Cal. Case No. CV 06-07361 AHM (AJWx); • UMG Recordings, Inc., et al. v. Grouper Networks, Inc., d/b/a Grouper.com et al., C.D. Cal. Case No. CV 06-06561 AHM (AJWx); and • UMG Recordings, Inc., et al v. DivX Networks, Inc., C.D. Cal. Case No. CV 07-06835 AHM (AJWx). INTERROGATORY NO. 23: 25 Describe in detail each instance in which any person has questioned or disputed 26 your rights, ownership, co-ownership, administration or control of any of the allegedly 27 infringed works for which you seek relief in this action. 28 88 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 RESPONSE TO INTERROGATORY NO. 23: UMG incorporates by reference each of its General Objections. UMG objects to 3 this interrogatory which requires UMG to identify which of these works has been 4 infringed, and for which UMG seeks relief in this action, on the grounds that such 5 request is unduly burdensome and that this information is within the possession, 6 custody, and control of Veoh. UMG has not yet identified every copyrighted work for 7 which it will seek relief in this lawsuit. Indeed, it is Veoh and not UMG, that 8 possesses the most complete and accurate listing of copyrighted works that have been 9 infringed by Veoh. UMG expects that Veoh will take appropriate efforts to identify 10 and retain this information. UMG further objects to this interrogatory on the grounds 11 that it is unduly burdensome, overbroad, and seeks information neither relevant to the 12 subject matter of this action nor reasonably calculated to lead to the discovery of 13 admissible evidence insofar as whether or not any "person" {a term which is also so 14 broad that it renders this interrogatory independently unreasonable) has in the past 15 disputed UMG's ownership, co-ownership, administration or control of, or other rights 16 to, any copyrighted work for which UMG seeks relief in this lawsuit is irrelevant to 17 the claims or defenses of the parties in this action. UMG further objects to the 18 definition of "persons" as overly broad and unduly burdensome. 19 20 21 VEOH REQUEST NOS.: 1-6, 26, 43-44, 47-51, 64-66, 67, 69, 179-180, 234 REQUEST FOR PRODUCTION NO. l: Samples of all copyrighted works for which you claim infringement in this 22 action. 23 RESPONSE TO REQUEST FOR PRODUCTION NO. 1: 24 UMG incorporates by reference each of its General Objections. UMG further 25 objects that this request is overbroad and unduly burdensome. UMG further objects to 26 this request on the grounds that it is premature insofar as UMG has not yet been able 27 to identify all of the specific works for which UMG alleges infringement in this action 28 89 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 as the information to do so is possessed by Veoh and not UMG. UMG further objects 2 to the term "samples" as vague and ambiguous. UMG further objects that the 3 documents sought are equally available to Veoh as they are to UMG. UMG further 4 objects to a request by a copyright infringer for additional copies of the works it has 5 already infringed. UMG further objects to this request as duplicative of Request for 6 Production No. 179. 7 REQUEST FOR PRODUCTION NO. 2: 8 9 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 11 All documents concerning the allegedly infringed works for which you seek relief in this action. RESPONSE TO REQUEST FOR PRODUCTION NO. 2: UMG incorporates by reference each of its General Objections. UMG further 12 objects that this request seeks information that is not relevant to the claims or defenses 13 of any party and is not reasonably calculated to lead to the discovery of admissible 14 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 15 further objects to this request on the grounds that it is premature insofar as UMG has 16 not yet been able to identify all of the specific works for which UMG alleges 17 infringement in this action as the information to do so is possessed by Veoh and not 18 UMG. As a result, the nonprivileged documents UMG produces in response to this 19 request, if any, should not be construed as a representation by UMG that the works 20 referred to in such documents constitutes a complete list of UMG's copyrighted works 21 that have appeared on Veoh or as a representation that further factual investigation 22 and discovery will not reveal more of UMG's copyrighted works that have appeared 23 on Veoh. UMG further objects that the request is vague and ambiguous as to what 24 constitutes documents "concerning" the allegedly infringing works. UMG further 25 objects to the extent that this request seeks documents that are not in UMG's 26 possession, custody or control, Subject to and without waiving the foregoing 27 objections, UMG will produce imaged files of its copyright registrations and/or a list 28 90 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 3 4 5 6 7 8 9 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of such copyrights. REQUEST FOR PRODUCTION NO. 3: All certificates of copyright registrations for the allegedly infringed works for which you seek relief in this action. RESPONSE TO REQUEST FOR PRODUCTION NO. 3: UMG incorporates by reference each of its General Objections. UMG further objects to this request on the grounds that it is premature insofar as UMG has not yet been able to identify all of the specific works for which UMG alleges infringement in this action as the information to do so is possessed by Veoh and not UMG. As a result, the nonprivileged documents UMG produces in response to this request, if any, should not be construed as a representation by UMG that the works referred to in such documents constitutes a complete list of UMG's copyrighted works that have appeared on Veoh or as a representation that further factual investigation and discovery will not reveal more of UMG's copyrighted works that have appeared on Veoh. Subject to and without waiving the foregoing objections, UMG will produce imaged files of its copyright registrations and/or a list of such copyrights. REQUEST FOR PRODUCTION NO. 4: All documents concerning any communications between you and the United States Copyright Office concerning the allegedly infringed works for which you seek relief in this action, including, but not limited to, all applications to register such works. RESPONSE TO REQUEST FOR PRODUCTION NO. 4: UMG incorporates by reference each of its General Objections. UMG further objects to this request on the grounds that it is premature insofar as UMG has not yet been able to identify all of the specific works for which UMG alleges infringement in this action as the information to do so is possessed by Veoh and not UMG. As a result, the nonprivileged documents UMG produces in response to this request, if any, should 91 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 not be construed as a representation by UMG that the works referred to in such 2 documents constitutes a complete list of UMG's copyrighted works that have appeared 3 on Veoh or as a representation that further factual investigation and discovery will not 4 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 5 objects that the request is vague and ambiguous as to what constitutes documents 6 "concerning" these communications. UMG further objects to the extent that this 7 request seeks documents that are not in UMG's possession, custody or control. UMG 8 further objects that this request is overbroad, unduly burdensome, and seeks 9 documents that are neither relevant to the claims or defenses of any party nor 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 11 reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving the foregoing objections, UMG will produce 12 imaged files of its copyright registrations and/or a list of such copyrights. 13 REQUEST FOR PRODUCTION NO. 5: 14 All documents concerning any communications between you and any 15 government agency concerning the allegedly infringed works for which you seek 16 relief in this action, including, but not limited to, all applications to register such 17 works. 18 RESPONSE TO REQUEST FOR PRODUCTION NO. 5: 19 UMG incorporates by reference each of its General Objections. UMG further 20 objects to this request on the grounds that it is premature insofar as UMG has not yet 21 been able to identify all of the specific works for which UMG alleges infringement in 22 this action as the information to do so is possessed by Veoh and not UMG. As a result, 23 the nonprivileged documents UMG produces in response to this request, if any, should 24 not be construed as a representation by UMG that the works referred to in such 25 documents constitutes a complete list of UMG's copyrighted works that have appeared 26 on Veoh or as a representation that further factual investigation and discovery will not 27 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 28 92 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 objects to this request as vague and ambiguous as to what constitutes documents 2 "concerning" these communications. UMG further objects to the extent that this 3 request seeks documents that are not in UMG's possession, custody or control. UMG 4 further objects to this request seeks information that is not relevant to the claims or 5 defenses of any party and is not reasonably calculated to lead to the discovery of 6 admissible evidence. 7 8 imaged files of its copyright registrations and/or a list of such copyrights. 9 REQUEST FOR PRODUCTION NO. 6: 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce All documents concerning assignments or licenses of copyrights claimed by 11 you in this action. 12 RESPONSE TO REQUEST FOR PRODUCTION NO. 6: 13 UMG incorporates by reference each of its General Objections. UMG objects to 14 this request as overbroad and unduly burdensome in seeking documents that are not 15 relevant to the claims and defenses in this action, nor reasonably calculated to lead to 16 the discovery of admissible evidence. UMG further objects to this request on the 17 grounds that it is premature insofar as UMG has not yet been able to identify all of the 18 specific copyrights for which UMG alleges infringement in this action as the 19 information to do so is possessed by Veoh and not UMG. As a result, the 20 nonprivileged documents UMG produces in response to this request, if any, should 21 not be construed as a representation by UMG that the works referred to in such 22 documents constitutes a complete list of UMG's copyrighted works that have appeared 23 on Veoh or as a representation that further factual investigation and discovery will not 24 reveal more of UMG's copyrighted works that have appeared on Veoh. Moreover, 25 giving an accurate and full response to this request would be impossible at this time 26 given that much of the information about which specific works have been infringed by 27 Veoh is largely within Veoh's own possession, custody or control. UMG further 28 93 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 objects to this request as vague and ambiguous as to what constitutes documents 2 "concerning" assignments or licenses of these copyrights. UMG further objects to the 3 extent that this request seeks documents that are not in UMG's possession, custody or 4 control. 5 REQUEST FOR PRODUCTION NO. 26: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 6 All documents concerning direct infringements of your copyrights claimed in 7 this action, for which you allege Veoh is indirectly liable. 8 RESPONSE TO REQUEST FOR PRODUCTION NO. 26: 9 UMG incorporates by reference each of its General Objections, UMG' further 10 objects to this request to the extent it calls for the production of privileged attorney- 11 client communications, attorney work product, or otherwise privileged or protected 12 material. UMG further objects that the request seeks information that is already in 13 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 14 objects to this request as vague and ambiguous as to what constitutes documents 15 "concerning" these violations. UMG further objects to the extent that this request 16 seeks documents that are not in UMG's possession, custody or control. UMG further 17 objects to this request on the grounds that it is premature insofar as UMG has not yet 18 been able to identify all of the specific works for which UMG alleges infringement in 19 this action as the information to do so is possessed by Veoh and not UMG. As a result, 20 the nonprivileged documents UMG produces in response to this request, if any, should 21 not be construed as a representation by UMG that the works referred to in such 22 documents constitutes a complete list of UMG's copyrighted works that have appeared 23 on Veoh or as a representation that further factual investigation and discovery will not 24 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 25 objects that this request calls for a legal conclusion. 26 27 28 Subject to and without waiving the foregoing objections, UMG will produce non-privileged responsive documents, if any, to the extent identified by a search of the 94 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 files of specific employees and executives that UMG will identify utilizing specific 2 search terns that UMG will identify. 3 RESPONSE TO REQUEST FOR PRODUCTION NO. 43: 4 UMG incorporates by reference each of its General Objections. UMG further 5 objects that this request is overbroad, unduly burdensome, and seeks documents that 6 are neither relevant to the claims or defenses of any party nor reasonably calculated to 7 lead to the discovery of admissible evidence. The burden of production in response to 8 these requests greatly outweighs the potential relevance, if any, of the requested 9 material. UMG further objects to this request on the grounds that it is premature 10 insofar as UMG has not yet been able to identify all of the specific works for which 11 UMG alleges infringement in this action as the information to do so is possessed by 12 Veoh and not UMG. As a result, the nonprivileged documents UMG produces in 13 response to this request, if any, should not be construed as a representation by UMG 14 that the works referred to in such documents constitutes a complete list of UMG's 15 copyrighted works that have appeared on Veoh or as a representation that further 16 factual investigation and discovery will not reveal more of UMG's copyrighted works 17 that have appeared on Veoh. UMG further objects to this request on the grounds that 18 the phrase "evidencing, referring or relating to" is vague and ambiguous and that this 19 request as a whole is vague, ambiguous, and/or unintelligible. UMG further objects to 20 the extent that this request seeks documents that are not in UMG's possession, custody 21 or control. 22 REQUEST FOR PRODUCTION NO. 44: 23 All documents concerning ownership of, or claims of rights in, all of the 24 allegedly infringed works in this action. 25 RESPONSE TO REQUEST FOR PRODUCTION NO. 44: 26 UMG incorporates by reference each of its General Objections. UMG further 27 objects that this request is overbroad, unduly burdensome, and seeks documents that 28 95 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 are neither relevant to the claims or defenses of any party nor reasonably calculated to 2 lead to the discovery of admissible evidence. The burden of production in response to 3 these requests greatly outweighs the potential relevance, if any, of the requested 4 material. UMG further objects to this request on the grounds that it is premature 5 insofar as UMG has not yet been able to identify all of the specific works for which 6 UMG alleges infringement in this action as the information to do so is possessed by 7 Veoh and not UMG. As a result, the nonprivileged documents UMG produces in 8 response to this request, if any, should not be construed as a representation by UMG 9 that the works referred to in such documents constitutes a complete list of UMG's 10 copyrighted works that have appeared on Veoh or as a representation that further 11 factual investigation and discovery will not reveal more of UMG's copyrighted works 12 that have appeared on Veoh. UMG further objects that the request is vague and 13 ambiguous. UMG further objects to the extent that this request seeks documents that 14 are not in UMG's possession, custody or control. 15 REQUEST FOR PRODUCTION NO. 47: 16 All documents concerning content available on Veoh that you claim infringes 17 your copyrights, including, but not limited to, all screenshots reflecting the availability 18 of such content on Veoh. 19 RESPONSE TO REQUEST FOR PRODUCTION NO. 47: 20 UMG incorporates by reference each of its General Objections. UMG further 21 objects to this request on the grounds that it is premature insofar as UMG has not yet 22 been able to identify all of the specific works for which UMG alleges infringement in 23 this action as the information to do so is possessed by Veoh and not UMG. As a result, 24 the nonprivileged documents UMG produces in response to this request, if any, should 25 not be construed as a representation by UMG that the works referred to in such 26 documents constitutes a complete list of UMG's copyrighted works that have appeared 27 on Veoh or as a representation that further factual investigation and discovery will not 28 96 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 2 objects that the request is vague and ambiguous as to what constitutes documents 3 "concerning" content available on Veoh. UMG further objects to the extent that this 4 request seeks documents that are not in UMG's possession, custody or control. UMG 5 further objects to this request to the extent it calls for the production of privileged 6 attorney-client communications, attorney work product, or otherwise privileged or 7 protected material. 8 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 9 Subject to and without waiving the foregoing objections, UMG will produce relevant, non-privileged evidence collected regarding Veoh for the limited period of 10 time during which UMG performed a limited review of Veoh. 11 REQUEST FOR PRODUCTION NO. 48: 12 All deposit copies provided to the Copyright Office of the Library of Congress 13 of the copyrighted works for which you claim infringement in this action. 14 RESPONSE TO REQUEST FOR PRODUCTION NO. 48: 15 UMG incorporates by reference each of its General Objections. UMG further 16 objects that this request seeks information that is not relevant to the claims or defenses 17 of any party and is not reasonably calculated to lead to the discovery of admissible 18 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 19 further objects to this request on the grounds that it is premature insofar as UMG has 20 not yet been able to identify all of the specific works for which UMG alleges 21 infringement in this action as the information to do so is possessed by Veoh and not 22 UMG. As a result, the nonprivileged documents UMG produces in response to this 23 request, if any, should not be construed as a representation by UMG that the works 24 referred to in such documents constitutes a complete list of UMG's copyrighted works 25 that have appeared on Veoh or as a representation that further factual investigation 26 and discovery will not reveal more of UMG's copyrighted works that have appeared 27 on Veoh. UMG objects that the documents sought are equally available to Veoh as to 28 97 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 UMG. 2 REQUEST FOR PRODUCTION NO. 49: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 3 All documents concerning ownership at any time of the copyrighted works for 4 which you claim infringement in this action, including documents between you and 5 any person concerning any questions, uncertainty or disputes over your ownership, co- 6 ownership, administration, control of, or other rights to, any of the allegedly 7 infringing works. 8 RESPONSE TO REQUEST FOR PRODUCTION NO. 49: 9 UMG incorporates by reference each of its General Objections. UMG further 10 objects that this request is overbroad, unduly burdensome, and seeks documents that 11 are neither relevant to the claims or defenses of any party nor reasonably calculated to 12 lead to the discovery of admissible evidence. UMG further objects to this request 2$ 13 as vague and ambiguous as to what constitutes documents "concerning" ownership. 14 UMG further objects to the extent that this request seeks documents that are not 15 in UMG's possession, custody or control. UMG further objects to this request on the 16 grounds that it is premature insofar as UMG has not yet been able to identify all of the 17 specific works for which UMG alleges infringement in this action as the information 18 to do so is possessed by Veoh and not UMG. As a result, the nonprivileged documents 19 UMG produces in response to this request, if any, should not be construed as a 20 representation by UMG that the works referred to in such documents constitutes a 21 complete list of UMG's copyrighted works that have appeared on Veoh or as a 22 representation that further factual investigation and discovery will not reveal more of 23 UMG's copyrighted works that have appeared on Veoh. UMG further objects to this 24 request to the extent it calls for the production of privileged attorney-client 25 communications, attorney work product, or otherwise privileged or protected material. 26 REQUEST FOR PRODUCTION NO. 50: 27 28 All documents concerning methods by which you obtained copies of allegedly 98 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 infringing works that you claim were available through the Veoh.com website. 2 RESPONSE TO REQUEST FOR PRODUCTION NO. 50. 3 UMG incorporates by reference each of its General Objections. UMG further 4 objects that this request is overbroad, unduly burdensome, and seeks documents that 5 are neither relevant to the claims or defenses of any party nor reasonably calculated to 6 lead to the discovery of admissible evidence. UMG further objects to this request as 7 vague and ambiguous in its use of the term "copies," "methods," and as to what 8 constitutes documents "concerning" such "methods." UMG further objects to this 9 request on the grounds that it is premature insofar as UMG has not yet been able to 10 identify all of the specific works for which UMG alleges infringement in this action as 11 the information to do so is possessed by Veoh and not UMG. As a result, the 12 nonprivileged documents UMG produces in response to this request, if any, should 13 not be construed as a representation by UMG that the works referred to in such 14 documents constitutes a complete list of UMG's copyrighted works that have appeared 15 on Veoh or as a representation that further factual investigation and discovery will not 16 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 17 objects to this request to the extent it calls for the production of privileged attorney- 18 client communications, attorney work product, or otherwise privileged or protected 19 material. 20 REQUEST FOR PRODUCTION NO. 51: 21 All documents concerning claims of copyright infringement asserted against 22 you. 23 RESPONSE TO REQUEST FOR PRODUCTION NO. 51: 24 UMG incorporates by reference each of its General Objections. UMG further 25 objects that this request is overbroad, unduly burdensome, and seeks documents that 26 are neither relevant to the claims or defenses of any party nor reasonably calculated to 27 lead to the discovery of admissible evidence. Any purported infringement by UMG or 28 99 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 UMG artists is not the subject of this litigation. UMG further objects to this request as 2 vague and ambiguous as to what constitutes documents "concerning" claims of 3 copyright infringement. UMG further objects to the extent that this request seeks 4 documents that are not in UMG's possession, custody or control. UMG further objects 5 to this request to the extent it calls for the production of privileged attorney-client 6 communications, attorney work product, or otherwise privileged or protected material. 7 REQUEST FOR PRODUCTION NO. 64: 8 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 9 All documents evidencing, referring or relating to your allegation in paragraph 8 of the Complaint that "UMGR owns copyrights in ... the 'copyrighted sound 10 recordings' for which UMGR has obtained or has applied for Certificates of Copyright 11 Registration issued by the Register of Copyrights," for each of the copyrighted sound 12 recordings for which you claim infringement in this action. 13 RESPONSE TO REQUEST FOR PRODUCTION NO. 64: 14 UMG incorporates by reference each of its General Objections. UMG further 15 objects that this request is overbroad, unduly burdensome, and seeks documents that 16 are neither relevant to the claims or defenses of any party nor reasonably calculated to 17 lead to the discovery of admissible evidence, in that it seeks documents "referring or 18 relating to" this allegation. UMG further objects that this request is overbroad, unduly 19 burdensome, and seeks documents that are neither relevant to the claims or defenses 20 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 21 in that it seeks documents "referring or relating to" this allegation. UMG further 22 objects to this request on the grounds that it is premature insofar as UMG has not yet 23 been able to identify all of the specific copyrighted sound recordings for which UMG 24 alleges infringement in this action as the information to do so is possessed by Veoh 25 and not UMG. As a result, the nonprivileged documents UMG produces in response to 26 this request, if any, should not be construed as a representation by UMG that the 27 works referred to in such documents constitutes a complete list of UMG's copyrighted 28 100 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 works that have appeared on Veoh or as a representation that further factual 2 investigation and discovery will not reveal more of UMG`s copyrighted works that 3 have appeared on Veoh. UMG further objects to this request to the extent it calls for 4 the production of privileged attorney-client communications, attorney work product, 5 or otherwise privileged or protected material. UMG further objects to this request on 6 the grounds that the phrase "evidencing, referring or relating to" is vague and 7 ambiguous. UMG further objects to this request as duplicative of Request for 8 Production No. 56. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 9 Subject to and without waiving the foregoing objections, UMG will produce 10 non-privileged responsive documents, if any, to the extent identified by a search of the 11 files of specific employees and executives that UMG will identify utilizing specific 12 search terms that UMG will identify. 13 REQUEST FOR PRODUCTION NO. 65: 14 All documents identifying all persons who have any ownership interest in the 15 copyrighted sound recordings for which you claim infringement in this action. 16 RESPONSE TO REQUEST FOR PRODUCTION NO. 65: 17 UMG incorporates by reference each of its General Objections. UMG further 18 objects that this request is overbroad, unduly burdensome, and seeks documents that 19 are neither relevant to the claims or defenses of any party nor reasonably calculated to 20 lead to the discovery of admissible evidence. UMG objects to this request on the 21 grounds that "any ownership interest" is vague, ambiguous, overbroad, and unduly 22 burdensome. UMG further objects to this request on the grounds that it is premature 23 insofar as UMG has not yet been able to identify all of the specific works for which 24 UMG alleges infringement in this action as the information to do so is possessed by 25 Veoh and not UMG. As a result, the nonprivileged documents UMG produces in 26 response to this request, if any, should not be construed as a representation by UMG 27 that the works referred to in such documents constitutes a complete list of UMG's 28 101 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 copyrighted works that have appeared on Veoh or as a representation that further 2 factual investigation and discovery will not reveal more of UMG's copyrighted works 3 that have appeared on Veoh. 4 REQUEST FOR PRODUCTION NO. 66: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 5 All documents evidencing, referring or relating to your allegation in paragraph 6 9 of the Complaint that "UMGR has the exclusive rights ... to reproduce the 7 copyrighted sound recordings in copies or phonorecords; to prepare derivative 8 audiovisual works based upon the copyrighted sound recordings; to distribute copies 9 or phonorecords of the copyrighted sound recordings to the public; and to perform the 10 copyrighted sound recordings publicly by means of a digital audio transmission," for 11 each of the copyrighted sound recordings for which you claim infringement in this 12 action. 13 RESPONSE TO REQUEST FOR PRODUCTION NO. 66: 14 UMG incorporates by reference each of its General Objections. UMG further 15 objects that this request is overbroad, unduly burdensome, and seeks documents that 16 are neither relevant to the claims or defenses of any party nor reasonably calculated to 17 lead to the discovery of admissible evidence, in that it seeks documents "referring or 18 relating to" this allegation. UMG further objects to this request on the grounds that it 19 is premature insofar as UMG has not yet been able to identify all of the specific 20 copyrighted sound recordings for which UMG alleges infringement in this action as 21 the information to do so is possessed by Veoh and not UMG. As a result, the 22 nonprivileged documents UMG produces in response to this request, if any, should 23 not be construed as a representation by UMG that the works referred to in such 24 documents constitutes a complete list of UMG's copyrighted works that have appeared 25 on Veoh or as a representation that further factual investigation and discovery will not 26 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 27 objects to this request to the extent that it seeks documents already within Veoh's 28 102 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 possession, custody, or control, and therefore equally or more readily available to 2 Veoh than to UMG. UMG further objects to this request to the extent it calls for the 3 production of privileged attorney-client communications, attorney work product, or 4 otherwise privileged or protected material. UMG further objects to this request on the 5 grounds that the phrase "evidencing, referring or relating to" is vague and ambiguous. 6 UMG further objects to this request on the grounds that it seeks the production legal 7 authorities, for example, treatises, case law, and the like which are equally available to 8 Veoh as to UMG. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 9 Subject to and without waiving the foregoing objections, UMG refers Veoh to 10 17 U.S.C. § 106. 11 REQUEST FOR PRODUCTION NO. 67: 12 All documents evidencing, referring or relating to your allegation in paragraph 13 10 of the Complaint that "UMC, SOU, UPIP, RMI, and MGB, Z-Tunes, and MGB 14 UK own (in whole or in part) copyrights in" the "copyrighted musical compositions," 15 for each of the copyrighted musical compositions for which you claim infringement in 16 this action. 17 RESPONSE TO REQUEST FOR PRODUCTION NO. 67: 18 UMG incorporates by reference each of its General Objections. UMG further 19 objects that this request is overbroad, unduly burdensome, and seeks documents that 20 are neither relevant to the claims or defenses of any party nor reasonably calculated to 21 lead to the discovery of admissible evidence, in that it seeks documents "referring or 22 relating to" this allegation. UMG further objects to this request on the grounds that it 23 is premature insofar as UMG has not yet been able to identify all of the specific 24 copyrighted musical compositions for which UMG alleges infringement in this action 25 as the information to do so is possessed by Veoh and not UMG. As a result, the 26 nonprivileged documents UMG produces in response to this request, if any, should 27 not be construed as a representation by UMG that the works referred to in such 28 103 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 documents constitutes a complete list of UMG's copyrighted works that have appeared 2 on Veoh or as a representation that further factual investigation and discovery will not 3 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 4 objects to this request to the extent it calls for the production of privileged attorney- 5 client communications, attorney work product, or otherwise privileged or protected 6 material. UMG further objects to this request on the grounds that the phrase 7 "evidencing, referring or relating to" is vague and ambiguous. 8 9 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 11 Subject to and without waiving the foregoing objections, UMG will produce imaged files of its copyright registrations and/or a list of such copyrights. REQUEST FOR PRODUCTION NO. 69: All documents identifying all persons who have any ownership interest in the 12 copyrighted musical compositions for which you claim infringement in this action. 13 RESPONSE TO REQUEST FOR PRODUCTION NO. 69: 14 UMG incorporates by reference each of its General Objections. UMG further 15 objects that this request is overbroad, unduly burdensome, and seeks documents that 16 are neither relevant to the claims or defenses of any party nor reasonably calculated to 17 lead to the discovery of admissible evidence. UMG further objects to this request on 18 the grounds that it is premature insofar as UMG has not yet been able to identify all of 19 the specific copyrighted musical compositions for which UMG alleges infringement in 20 this action as the information to do so is possessed by Veoh and not UMG. As a result, 21 the nonprivileged documents UMG produces in response to this request, if any, should 22 not be construed as a representation by UMG that the works referred to in such 23 documents constitutes a complete list of UMG's copyrighted works that have appeared 24 on Veoh or as a representation that further factual investigation and discovery will not 25 reveal more of UMG's copyrighted works that have appeared on Veoh. 26 27 28 Subject to and without waiving the foregoing objections, UMG will produce imaged files of its copyright registrations and/or a list of such copyrights. 104 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 action. 4 RESPONSE TO REQUEST FOR PRODUCTION NO. 179: UMG incorporates by reference each of its General Objections. UMG objects 6 that this request is overbroad, unduly burdensome, and seeks documents that are 7 neither relevant to the claims or defenses of any party nor reasonably calculated to 8 lead to the discovery of admissible evidence. UMG further objects that the request is 9 vague and ambiguous in that it purports to seek digital copies of compositions. 10 333 South Grand Avenue Los Angeles, CA 90071-1543 A digital copy of all versions of copyrighted works claimed by you in this 3 5 Winston & Strawn LLP REQUEST FOR PRODUCTION NO. 179: UMG further objects to this request on the grounds that it is premature insofar 11 as UMG has not yet been able to identify all of the specific works for which UMG 12 alleges infringement in this action as the information to do so is possessed by Veoh 13 and not UMG. As a result, the nonprivileged documents UMG produces in response to 14 this request, if any, should not be construed as a representation by UMG that the 15 works referred to in such documents constitutes a complete list of UMG's copyrighted 16 works that have appeared on Veoh or as a representation that further factual 17 investigation and discovery will not reveal more of UMG's copyrighted works that 18 have appeared on Veoh. UMG further objects to this request as duplicative of Request 19 for Production No. 1. Finally, UMG objects that this request seeks evidence which is 20 equally available to Veoh as to UMG. 21 REQUEST FOR PRODUCTION NO. 180: 22 All documents constituting a contract, agreement, or deal of any kind, with the 23 artists who perform any work for which you allege infringement and seek relief in this 24 action. 25 RESPONSE TO REQUEST FOR PRODUCTION NO. 180: 26 27 28 UMG incorporates by reference each of its General Objections. UMG objects that this request is overbroad, unduly burdensome, and seeks documents that are 105 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 neither relevant to the claims or defenses of any party nor reasonably calculated to 2 lead to the discovery of admissible evidence. UMG further objects to this request to 3 the extent it seeks a legal conclusion. UMG further objects to the extent that this 4 request calls for information that is subject to confidentiality agreements between 5 UMG and third parties. 6 REQUEST FOR PRODUCTION NO. 234: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 7 All documents evidencing, referring or relating to actual or threatened litigation 8 concerning alleged copyright infringement by you, including without limitation any 9 cease and desist letters, take down notices or other correspondence relating to such 10 threatened or actual litigation, and all pleadings, briefs, discovery responses, 11 declarations and affidavits filed or served by you in any such legal proceeding. 12 RESPONSE TO REQUEST FOR PRODUCTION NO. 234: 13 UMG incorporates by reference each of its General Objections. UMG further 14 objects that this request is overbroad, unduly burdensome, and seeks documents that 15 are neither relevant to the claims or defenses of any party nor reasonably calculated to 16 lead to the discovery of admissible evidence. Any purported infringement by UMG, 17 UMG Artists, and/or UMG's actions to prevent such infringement, are not the subject 18 of this litigation. UMG further objects to this request to the extent it requests 19 documents that are not in UMG's possession, custody or control. UMG further objects 20 to this request to the extent it calls for the production of privileged attorney-client 21 communications, attorney work product, or otherwise privileged or protected material. 22 UMG further objects to this request on the grounds that the phrase "evidencing, 23 referring or relating to" is vague and ambiguous. 24 B. 25 Plaintiffs refuse to provide information and documents relating to discovery as 26 Veoh's Contentions and Points and Authorities basic as the identification and ownership of the copyrights at issue. The law is clear 27 28 106 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 that Plaintiffs must identify and produce, all documents and information identifying, 2 and establishing Plaintiffs' ownership of the works claimed by Plaintiffs in this action. 3 333 South Grand Avenue Los Angeles, CA 90071-1543 Plaintiffs Must Respond Fully to All Interrogatories and 4 Provide All Documents Relating to Identification of the Works 5 At Issue. 6 Winston & Strawn LLP 1. Plaintiffs refuse to respond to interrogatories and provide all documents and 7 things going to such fundamental issues as the identification and chain of title, of the 8 actual works and copyrights purportedly at issue. Plaintiffs object that the 9 interrogatories are "unduly burdensome" (see e.g. Plaintiffs' Response to Interrogatory 10 Nos. 1 – 3) and that the Requests are "premature insofar as UMG has not yet been 11 able to identify all of the specific works for which UMG alleges infringement in this 12 action." Plaintiffs then attempt to excuse their failure asserting, incorrectly, that the 13 "information to do so is possessed by Veoh and not UMG." (See e.g. Plaintiffs' 14 Response to Requests Nos. 1-5). Surely Plaintiffs are best equipped to identify their 15 own alleged works, but Plaintiffs argue that Veoh should somehow know which 16 works Plaintiffs believe infringe one of Plaintiffs' "thousands" of copyrights. This is 17 an improper attempt by Plaintiffs to shift their burden to Veoh. 18 The DMCA "places the burden of policing copyright infringement - identifying 19 the potentially infringing material and adequately documenting infringement - 20 squarely on the owners of the copyright." Perfect 10, Inc. v. CC Bill, LLC, 488 F.3d 21 1102, 1113 (9th Cir. 2007); see also Hendrickson v. Amazon.com, Inc., 298 F. Supp.2d 22 914, 916. Here, Plaintiffs filed this action alleging infringement of "thousands" of 23 copyrights yet ask this court to condone their refusal to identify the very works over 24 which they now sue for millions in damages because to do so would be "burdensome." 25 But any burden on UMG is far outweighed by the necessity of the discovery. The 26 identification of the works at issue is absolutely fundamental to any action alleging 27 28 107 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 copyright infringement, particularly the type of large scale "winner take all" litigation 2 Plaintiffs have now launched against Veoh. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 3 2. Plaintiffs Must Respond Fully to All Interrogatories and 4 Provide All Chain of Title Documents Establishing Plaintiffs' 5 Ownership of the Works. 6 It is also fundamental that in order to establish copyright infringement, a 7 plaintiff must first establish ownership of a valid copyright. See Feist Publ'ns, Inc. v. 8 Rural Tel. Serv. Co., 499 U.S. 340, 361 (1991); Lamps Plus, Inc. v. Seattle Lighting 9 Fixture Co., 345 F.3d 1140, 1144 (9th Cir. 2003) ("Ownership of the copyright is … 10 always a threshold question."). Here, as Plaintiffs are not the actual authors of the 11 works, it is Plaintiffs' burden to establish chain of title. And even though a copyright 12 registration obtained within five years of a work's first publication carries a 13 presumption of validity (as Plaintiffs will likely argue), the presumption is rebuttable, 14 and no presumption exists if more than five years elapse between publication and 15 registration. Plaintiffs' excuse for avoiding proof that it actually owns the copyrights 16 at issue boils down to arguing that it is too much trouble for Plaintiffs, and Veoh 17 should simply be content taking Plaintiffs' word for it. Of course, this is not the law. 18 Plaintiffs' evasiveness as to this critical discovery cannot be condoned. Given 19 the incredibly high stakes of Plaintiffs' lawsuit, Plaintiffs should be compelled to 20 identify the copyrights at issue, identify the allegedly infringing works, and provide 21 facts and documents establishing Plaintiffs' chain of title to each, immediately. 22 Plaintiffs are seeking up to $150,000 per work infringed and should be required to 23 prove up ownership of each such work. Veoh is entitled to investigate the 24 foundational underpinnings of Plaintiffs' claims now in order to adequately prepare 25 Veoh's defense. 26 27 28 108 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 C. UMG’s Contentions And Points Of Authorities 2 Veoh starts this section with another false assertion. UMG has not refused to 3 provide discovery relating to the identification and ownership of the copyrights at 4 issue. Veoh might know this if it bothered to review UMG’s extensive production. 5 For example, UMG has already produced registration information for thousands of its 6 copyrights. Veoh’s remaining demands break down into essentially two flawed 7 arguments: (1) that UMG should identify all of the copyrights that Veoh has infringed 8 before Veoh even provides such basic discovery as its media files and (2) that UMG 9 should produce all of its incredibly voluminous records that relate in any way to its 10 ownership of any of its copyrights. Such demands are overbroad and unnecessary. 11 This Court rejected precisely such overbroad demands in the MySpace action. The 12 same principle is appropriate here. 13 1. 14 UMG Has Already Produced Information About Its Copyrights 15 Veoh’s argument on this issue begins from the false premise that UMG refuses 16 to produce any information about its copyrighted works. Had Veoh reviewed UMG’s 17 production, it would have discovered extensive records relating to UMG’s 18 copyrighted works. UMG has already produced the registration records for thousands 19 of copyrighted works. Ledahl Decl., ¶ 4. Indeed, the very first document in UMG’s 20 production (bates number 1) is a certificate of copyright registration (followed by 21 thousands more). Veoh’s false assertions to the contrary are representative of the 22 arguments Veoh makes throughout this motion. 23 24 25 26 2. Veoh’s Demands For Identification Of All Infringed Works Are Premature In addition to its false assertions about UMG’s production, Veoh also argues that UMG must immediately identify all of the copyrighted works that Veoh has 27 28 109 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 infringed.4 Veoh fails to acknowledge, however, that it continues to withhold 2 production of its media files – the very evidence of its infringement. UMG 3 consistently objected to Veoh’s requests as premature because Veoh has not yet 4 provided the discovery necessary for UMG to be able to identify all works infringed 5 by Veoh. Veoh lamely attempts to rewrite this objection to suggest that UMG 6 contends that Veoh should identify the works that it infringes. However, UMG has 7 made clear throughout the parties' discussions that it will identify infringed works 8 once Veoh provides the discovery necessary for UMG to make such an identification. 9 Veoh has not provided that discovery and continues to refuse to provide a timetable 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 for when it will produce its media files and other necessary information. 11 This Court previously recognized in the MySpace and Grouper actions that 12 UMG could not reasonably be expected to identify infringed works when the accused 13 infringer withholds the evidence of infringement. Indeed, the Court specifically 14 ordered Grouper to produce its media files – because they were necessary for UMG to 15 identify the scope of infringement. See Ledahl Decl., Ex. 2 (February 25, 2008, Order 16 in the Grouper matter). Here, Veoh has not provided its own core discovery. As 17 such, its requests for identification of infringed works by UMG remain premature. 18 Other than its mischaracterization of UMG’s objections, Veoh offers no explanation 19 of why any further response to its discovery should be ordered. Thus, Veoh’s requests 20 for additional discovery remain premature. UMG will provide an identification of 21 works it contends are infringed after a reasonable opportunity to examine discovery 22 that is already long overdue from Veoh. This is more than sufficient to address 23 Veoh’s requests regarding identification of works. 24 3. 25 Veoh’s Requests For “Chain of Title” Information Are Overbroad and Unnecessary 26 27 28 4 Specifically, Veoh seeks to compel further response to Interrogatories 1-3 and Requests for Production 1, 3, 26, 47-48, 50 and 179. 110 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 Veoh concedes that UMG’s copyright registrations constitute prima facie 2 evidence of copyright ownership. Indeed, Veoh must make this concession. See 3 Perfect 10, Inc. v. Cybernet Ventures, Inc., 213 F. Supp. 2d 1146, 1166-67 (C.D. Cal. 4 2002); Playboy Enterprises, Inc. v. Webbworld, Inc., 968 F. Supp. 1171, 1174 (N.D. 5 Tex. 1997); Manufacturers Techs., Inc. v. Cams, Inc., 706 F. Supp. 984, 991 (D. 6 Conn. 1989). See also 17 U.S.C. § 410(c) ("the certificate of a registration made 7 before or within five years after first publication of the work shall constitute prima 8 facie evidence of the validity of the copyright and of the facts stated in the 9 certificate.") (emphasis added). As discussed above, UMG has already made an 10 extensive production of copyright registration information. Nonetheless, Veoh seeks 11 even more material about the “chain of title” of UMG’s copyrighted works.5 12 a. 13 Veoh’s Requests Are Even Broader Than The Requests The Court Rejected In The MySpace Action 14 This Court previously considered and rejected requests for much of the same 15 information when it was sought by MySpace. Here, Veoh seeks even broader 16 discovery than that encompassed by the MySpace requests rejected by the Court. For 17 example, Veoh asks UMG for “All documents concerning claims of copyright 18 infringement asserted against You” (Veoh’s Request 51). Even MySpace did not 19 suggest that claims of infringement against UMG could somehow be relevant to 20 UMG’s claims of infringement against a website like MySpace or Veoh. Of course, 21 Veoh offers no argument or explanation to justify such discovery – it merely recites its 22 requests. 23 The Court rejected MySpace’s broad requests, requiring only that UMG provide 24 “documents relating to any disagreements or disputes regarding UMG’s ownership of, 25 control over, right to administer, or other interest in any of the Copyrighted Sound 26 Recordings . . . [or] Copyrighted Musical Compositions . . . which rose to a 27 5 28 Specifically, Veoh seeks to compel further response to Interrogatory Nos. 7 And 23, and Requests For Production Nos. 2, 4, 5, 6, 43-44, 49, 51, 64-67, 69, 180, And 234. 111 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 sufficiently serious level that inside or outside counsel for plaintiffs became 2 involved.” March 27, 2008, Order (MySpace Dkt. #273) in UMG Recordings, Inc., et 3 al. v. MySpace, Inc., et al., Case No. CV 06-7361 AHM (AJWx). UMG remains 4 willing to produce a similar scope of materials here after it has had a fair opportunity 5 to identify the works infringed by Veoh. This should be more than sufficient. 6 The Court’s ruling on this issue is consistent with the manner in which other 7 Courts have handled the same issue raised by infringers in other mass-infringement 8 cases. See, e.g., In re Napster, 191 F. Supp.2d 1087, 1100 (N.D. Cal. 2002) (“[T]his 9 court will not permit Napster to engage in a ‘fishing expedition.’ The advantage of 10 the current statutory scheme is that plaintiffs need not produce mounds of documents 11 in order to maintain an infringement action.”). As Judge Matz indicated at the March 12 17, 2008, Scheduling Conference in this case (when the parties discussed this issue), 13 “it would make sense to apply the same analysis and same conclusion [regarding 14 chain-of-title document production in the MySpace action] to this case, unless there 15 are factors here that require something materially different, and I doubt that.” Ledahl 16 Decl., Ex. 3 (March 17, 2008, Hearing Transcript) (8:22-25). Veoh has not, and 17 cannot, come forward with any showing that a different ruling regarding chain-of-title 18 documentation should apply here. 19 20 b. Veoh’s Requests Would Impose Undue Burden on UMG In the MySpace and Grouper actions, UMG explained to the Court that 21 production of the incredibly broad scope of chain-of-title discovery sought by the 22 Defendants would impose an undue burden on UMG. The same facts are present 23 here. To justify imposing such a burden on UMG, Veoh must show that the 24 importance of the discovery sought outweighs the significant burden on UMG. It is 25 well-settled that the Court can and should limit discovery where "the burden or 26 expense of the proposed discovery outweighs its likely benefit." Fed. R. Civ. P. 27 26(b)(2)(C); see also Nicolas J. Murlas Living Trust v. Mobil Oil Corp., 1995 WL 28 112 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 124186, *5 (N.D. Ill. March 20, 1995) (denying discovery because the burden of 2 production outweighed the limited relevance of the requested material); Wright v. 3 AmSouth Bancorporation, 320 F.3d 1198 (11th Cir. 2003); Oxford House, Inc. v. City 4 of Topeka, KS, 2007 WL 1246200 (D. Kan. April 27, 2007). Here, Veoh has not and 5 cannot make any such showing 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 6 As detailed in the declaration of Michael Ostroff, UMG owns rights under 7 copyright to more than 100,000 copyrights in sound recordings and musical 8 compositions and several thousand of these copyrights will likely be at issue in this 9 case. See Declaration Of Michael Ostroff In Support Of UMG's Opposition To 10 Veoh's Motion To Compel ("Ostroff Decl."), ¶¶ 3, 6, 10. As demonstrated by the 11 Ostroff Declaration, producing the records sought by Veoh would be a massive 12 undertaking requiring the location and review of hundreds of thousands of documents, 13 thousands of hours of UMG employee time, and likely millions of dollars in costs. 14 This process would require locating and reviewing records in many disparate locations 15 across many different business units of UMG. Id. at ¶¶ 5-9 (sound recordings), 10-12 16 (musical compositions). For example, to provide the breadth of documents Veoh 17 requests, UMG would have to locate, review and produce agreements and other 18 licenses with artists and producers, licenses from samples that may appear in a song, 19 and licenses for the underlying compositions. Id. at ¶ 7. The files containing such 20 materials are not centrally located within UMG. They are located in the files of 21 UMG's various labels and divisions, clearance companies, and others who may be 22 involved in any individual licensing situation. Id. 23 The massive burden Veoh's requested discovery would inflict on UMG cannot 24 meaningfully be disputed. UMG has already provided thousands of pages of 25 documents relating to its copyright ownership – to wit, actual copyright registrations 26 and documents providing information that Veoh can use to view the copyright 27 registrations on the Copyright Office website. As conceded by Veoh, these 28 113 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 documents constitute prima facie evidence of copyright ownership. Veoh cannot 2 demonstrate the need for the additional extensive production of information it seeks. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 3 As UMG pointed out in the MySpace case, and as was recognized by the Court 4 in the Napster matter, UMG is in the business of obtaining rights to copyrighted sound 5 recordings and musical compositions. It is simply not reasonable to suggest that 6 UMG actually does not own these rights on some massive scale. Instead, Veoh 7 suggests that it wants to spend vast resources sifting through the mountain of 8 information it is seeking to try to identify works, if any, for which UMG does not 9 actually own the rights. Even if such an effort were to yield a handful of works (UMG 10 does not believe it would yield any), the costs Veoh would expend searching would 11 outweigh any reduction in damages that they might obtain. Veoh surely knows this – 12 and presumably has no intention of actually reviewing the material it seeks should it 13 somehow prevail in this motion. Indeed, given Veoh’s repeated protestations about 14 the costs of this lawsuit (notably made only when UMG is the one seeking discovery) 15 it makes no sense for Veoh to pursue such unnecessary but voluminous information – 16 unless it merely seeks to inflict a burden on UMG. The Court struck the appropriate 17 balance regarding this issue in the MySpace action, and the same result should apply 18 here. 19 IV. 20 21 22 23 ISSUE NO. 3 - PLAINTIFFS' VIRAL MARKETING A. Statement of Disputed Interrogatories and Requests For Production and Plaintiffs' Responses VEOH INTERROGATORIES: 9, 10, 11, 13, 15, 16, 19, 24 INTERROGATORY NO. 9: 24 Identify all persons, including but not limited to persons who have been 25 employed by, retained by, or who have consulted with you, directly or through 26 representatives or agents, who have accessed the veoh.com website or used the Veoh 27 Player and/or Veoh TV, stating for each the nature and reason of such access or use. 28 114 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 333 South Grand Avenue Los Angeles, CA 90071-1543 UMG incorporates by reference each of its General Objections. UMG further 3 objects that this interrogatory is overly broad and unduly burdensome. UMG also 4 objects that this interrogatory seeks information not relevant to the parties' claims or 5 defenses and is not reasonably calculated to lead to the discovery of admissible 6 evidence. UMG further objects that this interrogatory seeks information protected by 7 the attorney-client and/or work-product privilege. Such information will not be 8 produced. 9 INTERROGATORY NO. 10: 10 Winston & Strawn LLP RESPONSE TO INTERROGATORY NO. 9: Identify all persons with knowledge of the uploading, by you or by a person or 11 system acting on your behalf, of digital files of any type to Veoh. 12 RESPONSE TO INTERROGATORY NO. 10: 13 UMG incorporates by reference each of its General Objections. UMG further 14 objects that this interrogatory seeks information not relevant to the parties' claims or 15 defenses and is not reasonably calculated to lead to the discovery of admissible 16 evidence. UMG further objects that this interrogatory is overly broad and unduly 17 burdensome. UMG further objects to this interrogatory as unduly burdensome on the 18 grounds that the information sought is equally accessible to Veoh or more accessible 19 to Veoh than to UMG. UMG further objects to the definition of persons" as overly 20 broad and unduly burdensome. UMG further objects to this interrogatory as vague 21 and ambiguous in its reference to "digital files of any type." UMG further objects that 22 this interrogatory seeks information protected by the attorney-client and/or work- 23 product privilege. Such information will not be produced. 24 INTERROGATORY NO. 11: 25 26 For each person identified in response to Interrogatory No. 9, identify the IP address for the computer or device used by that person to access veoh.com. 27 28 115 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 RESPONSE TO INTERROGATORY NO. 11: UMG incorporates by reference each of its General Objections, as we 11 as the 3 specific objections lodged in response to Veoh's Interrogatory No. 9. UMG further 4 objects that this interrogatory seeks information protected by the attorney-client and/or 5 work-product privilege. Such information will not be produced. UMG further objects 6 to the definition of "persons" as overly broad and unduly burdensome. 7 INTERROGATORY NO. 13: 8 Identify each veoh.com account that you or any artist have registered by 9 providing the user name associated with the account, the name of the individual who 10 registered the account, and the date of registration. 11 RESPONSE TO INTERROGATORY NO. 13: 12 UMG incorporates by reference each of its General Objections. UMG further 13 objects that this discovery is premature, and that much of the discovery necessary to 14 respond to this interrogatory is within Veoh's possession, custody, or control. UMG 15 objects to the definition of the term "artist," which is overly broad, unduly 16 burdensome, and vague and ambiguous. Moreover, UMG objects that the 17 identification of "artists" who have registered an account with Veoh would not be 18 within UMG's possession, custody, or control. UMG further objects that this 19 interrogatory seeks information that is neither relevant to the claims or defenses of any 20 party nor reasonably calculated to lead to the discovery of admissible evidence since 21 "artists," as that term is defined by Veoh, may not be the owners of the copyrights at 22 issue in this case. UMG further objects that this interrogatory seeks information 23 protected by the attorney-client and/or work-product privilege. Such information will 24 not be produced. 25 INTERROGATORY NO. 15: 26 27 28 Identify each instance in which you and/or any artist, uploaded a file to any internet site, including veoh.com, containing a copy of any work, or any portion of 116 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 any work, for which you allege infringement in this action, and for each instance 2 provide: (i) the internet site to which the file was uploaded; (ii) the date the file was 3 uploaded; (iii) the file that was uploaded (including the file name and any other 4 identifying information, including Veoh permalink if available); and (iv) the title of 5 the work. 6 RESPONSE TO INTERROGATORY NO. 15: 7 UMG incorporates by reference each of its General Objections. UMG further 8 objects that the interrogatory is overly broad and unduly burdensome in that it seeks 9 the identification of videos "uploaded ... to any internet site." UMG objects that this 10 interrogatory seeks information not in UMG's possession, custody, or control, to the 11 extent it seeks the identification of "artists" who have registered an account with 12 Veoh. UMG further objects that this interrogatory seeks information that is neither 13 relevant to the parties' claims or defenses nor reasonably calculated to lead to the 14 discovery of admissible evidence, in that, among other things, "artists," as that term is 15 defined by Veoh, may not be the owners of the copyrights at issue in this case. 16 Finally, UMG objects that the definition of the term "artist" would require UMG to 17 canvass thousands of individuals or entities in order to respond to this interrogatory 18 and, as such, is grossly overbroad and unduly burdensome. 19 INTERROGATORY NO. 16: 20 Identify each instance in which you have given away at no charge any of the 21 works alleged by you in this action, including (i) the date the work was distributed; 22 (ii) the manner of distribution; (iii) the media on which the work was distributed; and 23 (iv) the title of the work distributed. 24 RESPONSE TO INTERROGATORY NO. 16: 25 UMG incorporates by reference each of its General Objections. UMG further 26 objects to the term "given away at no charge" as vague, ambiguous, and 27 argumentative. UMG further objects that this interrogatory seeks information not 28 117 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 relevant to the parties' claims or defenses and is not reasonably calculated to lead to 2 the discovery of admissible evidence, in that, among other things, this interrogatory 3 seeks the identification of works which were allegedly exploited "at no charge." 4 UMG further objects that the interrogatory is overly broad and unduly burdensome in 5 that, for example, a frill response would require UMG to identify any individual CD 6 given away as promotional goods or contributed to charity. 7 INTERROGATORY NO. 19: 8 Identify all persons, including but not limited to, current and former employees, 9 and current and former consultants and independent contractors, who are or have been 10 employed by, retained by, or who have consulted with you, directly or through 11 representatives or agents, who are or have been involved in any efforts by you to 12 promote your copyrighted works or any artists under contract with you via any 13 internet site, including social networking sites. 14 RESPONSE TO INTERROGATORY NO. 19: 15 UMG incorporates by reference each of its General Objections. UMG further 16 objects to this interrogatory on the grounds that it is overbroad, unduly burdensome, 17 and seeks information neither relevant to the subject matter of this action nor 18 reasonably calculated to lead to the discovery of admissible evidence. UMG further 19 objects to this interrogatory as vague and ambiguous in its use of the terms "promote 20 your copyrighted works or any artists under contract with you," "via any internet site," 21 and "any social networking sites-" UMG further objects to the definition of "persons" 22 as overly broad and unduly burdensome. 23 INTERROGATORY NO. 24: 24 Identify all persons and entities that are responsible for and/or conduct viral 25 marketing of works owned or controlled by you, and for each provide: (i) a detailed 26 description of the manner and strategy by which each person and/or entity conducts 27 said viral marketing activities; (ii) the works each person or entity markets or has 28 118 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 marketed, virally; (iii) the date(s) said viral marketing activities began for each work; 2 (iv) the dates(s) said viral marketing activities ceased, if they have ceased, for each 3 work; (v) a detailed description of any and all reports prepared regarding said viral 4 marketing activities. 5 RESPONSE TO INTERROGATORY NO. 24: 6 UMG incorporates by reference each of its General Objections. LMG further objects 7 to this interrogatory on the grounds that it is overbroad and unduly burdensome 8 insofar as it calls for UMG to identify all persons or entities who are "made 9 responsible for ... works owned or controlled" by UMG. Additionally, this 10 interrogatory purports to seek information relating to activities not involving Veoh. 11 UMG further objects to this interrogatory as vague and ambiguous in its use of the 12 terms "viral marketing," "viral marketing activities," "virally" marketing, and "reports 13 prepared regarding said viral marketing activities." UMG further objects that this 14 interrogatory seeks information that is neither relevant to the claims or defenses of any 15 party nor reasonably calculated to lead to the discovery of admissible evidence. UMG 16 further objects to the definition of "persons" as overly broad and unduly burdensome. 17 VEOH'S REQUESTS FOR PRODUCTION NOS. 40, 42, 45, 46, 54-55, 18 150, 154-156, 181, 202-209, 217) 19 REQUEST FOR PRODUCTION NO. 40: 20 All documents concerning your distribution of material containing the 21 copyrighted musical compositions, or any portion of the copyrighted musical 22 compositions, on the internet. 23 RESPONSE TO REQUEST FOR PRODUCTION NO. 40: 24 UMG incorporates by reference each of its General Objections. UMG further 25 objects that this request seeks information that is not relevant to the claims or defenses 26 of any party and is not reasonably calculated to lead to the discovery of admissible 27 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 28 119 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 further objects to this request on the grounds that it is vague and ambiguous as to the 2 terms "distribution ... on the internet" and "the copyrighted musical compositions." 3 UMG further objects to the extent that this request seeks documents that are not in 4 UMG's possession, custody or control. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 5 Subject to and without waiving the foregoing objections, UMG will produce 6 non-privileged responsive documents, if any, to the extent identified by a search of the 7 files of specific employees and executives that UMG will identify utilizing specific 8 search terms that UMG will identify. 9 REQUEST FOR PRODUCTION NO. 42: 10 All documents concerning your use of video hosting or sharing services to 11 promote the copyrighted sound recordings and the copyrighted musical compositions. 12 RESPONSE TO REQUEST FOR PRODUCTION NO. 42: 13 UMG incorporates by reference each of its General Objections. UMG further 14 objects that this request seeks information that is not relevant to the claims or defenses 15 of any parry and is not reasonably calculated to lead to the discovery of admissible 16 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 17 further objects to this request as vague and ambiguous as to the terms "promote," 18 "copyrighted musical compositions," "copyrighted sound recordings," and "use of 19 video hosting or sharing services." UMG further objects to the extent that this request 20 seeks documents that are not in UMG's possession, custody or control. 21 Subject to and without waiving the foregoing objections, UMG will produce 22 non-privileged responsive documents, if any, to the extent identified by a search of the 23 files of specific employees and executives that UMG will identify utilizing specific 24 search terms that UMG will identify. 25 REQUEST FOR PRODUCTION NO. 45: 26 27 28 All documents concerning the uploading of content to Veoh by you or on your behalf. 120 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 333 South Grand Avenue Los Angeles, CA 90071-1543 UMG incorporates by reference each of its General Objections. UMG further 3 objects that this request seeks information that is not relevant to the claims or defenses 4 of any party and is not reasonably calculated to lead to the discovery of admissible 5 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 6 further objects to this request as vague and ambiguous as to what constitutes 7 documents "concerning" the uploading of content to Veoh. UMG further objects to the 8 extent that this request seeks documents that are not in UMG's possession, custody or 9 control. UMG further objects that the request seeks information that is already in 10 Winston & Strawn LLP RESPONSE TO REQUEST FOR PRODUCTION NO, 45: 11 Veoh's possession, custody or control, or reasonably available to Veoh. Subject to and without waiving the foregoing objections, UMG will produce 12 non-privileged responsive documents, if any, to the extent identified by a search of the 13 files of specific employees and executives that UMG will identify utilizing specific 14 search terms that UMG will identify. 15 REQUEST FOR PRODUCTION NO. 46: 16 17 All documents concerning Veoh accounts registered to you. RESPONSE TO REQUEST FOR PRODUCTION NO. 46: 18 UMG incorporates by reference each of its General Objections. UMG further 19 objects that this request is overbroad, unduly burdensome, and seeks documents that 20 are neither relevant to the claims or defenses of any party nor reasonably calculated to 21 lead to the discovery of admissible evidence. UMG objects to the terms "Veoh 22 accounts" and "registered to you" as vague and ambiguous. 23 Subject to and without waiving the foregoing objections, UMG will produce 24 non-privileged responsive documents, if any, to the extent identified by a search of the 25 files of specific employees and executives that UMG will identify utilizing specific 26 search terms that UMG will identify. 27 28 121 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 containing a copy of any work, or any portion thereof, alleged by you in this action, 4 including documents evidencing (i) the date the file was uploaded to Veoh; (ii) the file 5 that was uploaded (including the file name and title, and any other identifying 6 information, including Veoh permalink if available); and (iii) the title of the work. 7 RESPONSE TO REQUEST FOR PRODUCTION NO. 54: 9 333 South Grand Avenue Los Angeles, CA 90071-1543 All documents relating to each and every file you have ever uploaded to Veoh 3 8 Winston & Strawn LLP REQUEST FOR PRODUCTION NO. 54: UMG incorporates by reference each of its General Objections. UMG further objects that this request seeks information that is not relevant to the claims or defenses 10 of any party and is not reasonably calculated to lead to the discovery of admissible 11 evidence. UMG further objects that this request appears to request documents that are 12 not in UMG's possession, custody or control. UMG further objects to this request on 13 the grounds that it is, premature insofar as UMG has not yet been able to identify all 14 of the specific works for which UMG alleges infringement in this action as the 15 information to do so is possessed by Veoh and not UMG. As a result, the 16 nonprivileged documents UMG produces in response to this request, if any, should 17 not be construed as a representation by UMG that the works referred to in such 18 documents constitutes a complete list of UMG's copyrighted works that have appeared 19 on Veoh or as a representation that further factual investigation and discovery will not 20 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG objects 21 to this request on the grounds that "documents relating to each and every file" is vague 22 and ambiguous. 23 Subject to and without waiving the foregoing objections, UMG will produce 24 non-privileged responsive documents, if any, to the extent identified by a search of the 25 files of specific employees and executives that UMG will identify utilizing specific 26 search terms that UMG will identify. 27 28 122 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 REQUEST FOR PRODUCTION NO. 55: All documents relating to each and every file you have ever uploaded to the 3 internet (other than to Veoh) containing a copy of any work, or any portion thereof, 4 alleged by you in this action, including documents evidencing (i) the date the file was 5 uploaded; (ii) the file that was uploaded (including the file name and title, and any 6 other identifying information); and (iii) the title of the work. 7 RESPONSE TO REQUEST FOR PRODUCTION NO. 55: 8 UMG incorporates by reference each of its General Objections. UMG further 9 objects that this request is overbroad, unduly burdensome, and seeks documents that 10 are neither relevant to the claims or defenses of any party nor reasonably, calculated to 11 lead to the discovery of admissible evidence. UMG further objects that this request 12 appears to request documents that are not in UMG's possession, custody or control. 13 UMG further objects to this request on the grounds that it is premature insofar as 14 UMG has not yet been able to identify all of the specific works for which UMG 15 alleges infringement in this action as the information to do so is possessed by Veoh 16 and not UMG. As a result, the nonprivileged documents UMG produces in response to 17 this request, if any, should not be construed as a representation by UMG that the 18 works referred to in such documents constitutes a complete list of UMG's copyrighted 19 works that have appeared on Veoh or as a representation than further factual 20 investigation and discovery will not reveal more of UMG's copyrighted works that 21 have appeared on Veoh. UMG objects to this request on the grounds that "documents 22 relating to each and every file" is vague and ambiguous. 23 REQUEST FOR PRODUCTION NO. 150: 24 25 26 27 28 All documents concerning your review of veoh.com. RESPONSE TO REQUEST FOR PRODUCTION NO. 150: UMG incorporates by reference each of its General Objections. UMG objects to this request in that the phrase "your review of veoh.com" is vague, ambiguous, and/or 123 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 unintelligible. UMG objects that this request is overbroad, unduly burdensome, and 2 seeks documents that are neither relevant to the claims or defenses of any party nor 3 reasonably calculated to lead to the discovery of admissible evidence, in that it seeks 4 all documents "concerning" UMG's "review" of Veoh, without limitation. UMG 5 further objects to this request to the extent it calls for the production of privileged 6 attorney-client communications, attorney work product, or otherwise privileged or 7 protected material. 8 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 9 Subject to and without waiving the foregoing objections, UMG will produce non-privileged responsive documents, if any, to the extent identified by a search of the 10 files of specific employees and executives that UMG will identify utilizing specific 11 search terms that UMG will identify. 12 REQUEST FOR PRODUCTION NO. 154: 13 All documents concerning any and all works owned or controlled by you, 14 uploaded by, or with the authorization of, Plaintiffs to veoh.com. 15 RESPONSE TO REQUEST FOR PRODUCTION NO 154: 16 UMG incorporates by reference each of its General Objections. UMG objects 17 that this request is overbroad, unduly burdensome, and that it seeks documents that are 18 neither relevant to the claims or defenses of any party nor reasonably calculated to 19 lead to the discovery of admissible evidence. UMG objects to the request to the extent 20 it calls for a legal conclusion. 21 Subject to and without waiving the foregoing objections, UMG will produce 22 non-privileged responsive documents, if any, to the extent identified by a search of the 23 files of specific employees and executives that UMG will identify utilizing specific 24 search terms that UMG will identify. 25 REQUEST FOR PRODUCTION NO. 155: 26 27 28 All documents concerning any and all works owned or controlled by you, uploaded by, or with the authorization of, an artist to veoh.com. 124 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 RESPONSE TO REQUEST FOR PRODUCTION NO 155: UMG incorporates by reference each of its General Objections. UMG further 3 objects that this request is vague and ambiguous, overbroad, unduly burdensome, and 4 that it seeks documents that are neither relevant to the claims or defenses of any party 5 nor reasonably calculated to lead to the discovery of admissible evidence. 6 Additionally, in many cases Veoh may be in a superior position to determine whether 7 an artist or some other third-party has purportedly authorized the posting of 8 copyrighted works on veoh.com. Therefore, UMG objects to this request in that it 9 seeks documents that are in Veoh's possession, custody, or control, and which are 10 therefore equally or more readily accessible to Veoh than to UMG. 11 REQUEST FOR PRODUCTION NO. 156: 12 All documents concerning your knowledge of the availability, exploitation, or 13 inclusion of any works owned or controlled by you, on veoh.com. 14 RESPONSE TO REQUEST FOR PRODUCTION NO 156: 15 UMG incorporates by reference each of its General Objections. UMG objects 16 that this request overbroad, unduly burdensome, and that it seeks documents that are 17 neither relevant to the claims or defenses of any party nor reasonably calculated to 18 lead to the discovery of admissible evidence. Additionally, documents relating to 19 UMG's knowledge (as opposed to Veoh's knowledge) are neither relevant to the 20 claims or defenses of any party nor reasonably calculated to lead to the discovery of 21 admissible evidence. Further, Veoh is in a superior position to monitor the posting of 22 copyrighted works on veoh.com. Therefore, UMG objects to this request to the extent 23 that it seeks documents that are in Veoh's possession, custody, or control and which 24 are therefore equally or more readily accessible to Veoh than to UMG. UMG further 25 objects to this request on the grounds that the phrase "availability, exploitation, or 26 inclusion" is vague and ambiguous. 27 28 Subject to and without waiving the foregoing objections, UMG will produce 125 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 non-privileged responsive documents, if any, to the extent identified by a search of the 2 files of specific employees and executives that UMG will identify utilizing specific 3 search terms that UMG will identify. 4 REQUEST FOR PRODUCTION NO. 181: 5 6 memoranda, and records of telephone or live conversations, that constitute, grant, or 7 memorialize permission by any person, to include Plaintiffs' works in user-generated 8 videos posted online or over the internet. 9 RESPONSE TO REQUEST FOR PRODUCTION NO 181: 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP All documents, including but not limited to contracts, emails, letters, UMG incorporates by reference each of its General Objections. UMG objects 11 that this request is overbroad, unduly burdensome, and seeks documents that are 12 neither relevant to the claims or defenses of any party nor reasonably calculated to 13 lead to the discovery of admissible evidence. UMG further objects to the extent that 14 this request calls for information that is subject to confidentiality agreements between 15 UMG and third parties. 16 Subject to and without waiving the foregoing objections, UMG will produce 17 non-privileged responsive documents, if any, to the extent identified by a search of the 18 files of specific employees and executives that UMG will identify utilizing2 II specific 19 search terms that UMG will identify. 20 REQUEST FOR PRODUCTION NO. 202: 21 All documents evidencing, referring or relating to any and all business plans or 22 marketing plans that reference or reflect efforts by you to promote any of your 23 copyrighted works or any artists under contract with you using viral marketing. 24 RESPONSE TO REQUEST FOR PRODUCTION NO. 202: 25 UMG incorporates by reference each of its General Objections. UMG further 26 objects that this request is overbroad, unduly burdensome, and seeks documents that 27 are neither relevant to the claims or defenses of any party nor reasonably calculated to 28 126 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 lead to the discovery of admissible evidence. UMG further objects to this request on 2 the grounds that the terms "reflect," "viral marketing," and "evidencing, referring or 3 relating to" are vague and ambiguous and render the request overbroad and unduly 4 burdensome. 5 REQUEST FOR PRODUCTION NO. 203: 6 Documents sufficient to identify all persons and entities (including but not 7 limited to your divisions, subsidiaries, affiliates and/or NetReach) responsible for viral 8 marketing of your copyrighted works. 9 RESPONSE TO REQUEST FOR PRODUCTION NO. 203: 10 UMG incorporates by reference each of its General Objections. UMG further 11 objects that this request is overbroad, unduly burdensome, and seeks documents that 12 are neither relevant to the claims or defenses of any party nor reasonably calculated to 13 lead to the discovery of admissible evidence. UMG further objects to this request on 14 the grounds that the term "viral marketing" is vague and ambiguous and renders the 15 request overbroad and unduly burdensome. UMG further objects to this request 16 appears to request documents that are not in UMG's possession, custody or control. 17 REQUEST FOR PRODUCTION NO. 204: 18 Documents sufficient to identify the manner and strategy by which any person 19 or entity, including but not limited to NetReach, conducts viral marketing activities of 20 your copyrighted works. 21 RESPONSE TO REQUEST FOR PRODUCTION NO. 204: 22 UMG incorporates by reference each of its General Objections. UMG further 23 objects that this request is overbroad, unduly burdensome, and seeks documents that 24 are neither relevant to the claims or defenses of any party nor reasonably calculated to 25 lead to the discovery of admissible evidence. UMG further objects to this request on 26 the grounds that the term "viral marketing" is vague and ambiguous and renders the 27 request overbroad and unduly burdensome, UMG further objects to this request 28 127 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 appears to request documents that are not in UMG's possession, custody or control. 2 Subject to and without waiving the foregoing objections, UMG will produce 3 non-privileged responsive documents, if any, to the extent identified by a search of the 4 files of specific employees and executives that UMG will identify utilizing specific 5 search terms that UMG will identify. 6 REQUEST FOR PRODUCTION NO. 205: 7 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 8 All documents between you and NetReach. RESPONSE TO REQUEST FOR PRODUCTION NO. 205: 9 UMG incorporates by reference each of its General Objections. UMG further 10 objects that this request is overbroad, unduly burdensome, and seeks documents that 11 are neither relevant to the claims or defenses of any party nor reasonably calculated to 12 lead to the discovery of admissible evidence. UMG further objects to this request on 13 the grounds that the term "viral marketing" is vague and ambiguous and renders the 14 request overbroad and unduly burdensome. UMG objects to the term "documents 15 between you and NetReach" as vague, ambiguous, and/or unintelligible. 16 Subject to and without waiving the foregoing objections, UMG will produce 17 non-privileged responsive documents, if any, to the extent identified by a search of the 18 files of specific employees and executives that UMG will identify utilizing specific 19 search terms that UMG will identify. 20 REQUEST FOR PRODUCTION NO. 206: 21 Documents sufficient to identify each and every one of your copyrighted works 22 that are, or have been, marketed virally. 23 RESPONSE TO REQUEST FOR PRODUCTION NO. 206: 24 UMG incorporates by reference each of its General Objections. UMG further 25 objects that this request is overbroad, unduly burdensome, and seeks documents that 26 are neither relevant to the claims or defenses of any party nor reasonably calculated to 27 lead to the discovery of admissible evidence. UMG further objects to this request on 28 128 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 the grounds that the term "marketed virally" is vague and ambiguous and renders the 2 request overbroad and unduly burdensome. 3 REQUEST FOR PRODUCTION NO. 207: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 4 Documents sufficient to identify the beginning and ending dates (if applicable) 5 for all viral marketing activities for each and every one of your copyrighted works. 6 RESPONSE TO REQUEST FOR PRODUCTION NO. 207: 7 UMG incorporates by reference each of its General Objections. UMG further 8 objects that this request is overbroad, unduly burdensome, and seeks documents that 9 are neither relevant to the claims or defenses of any party nor reasonably calculated to 10 lead to the discovery of admissible evidence. UMG further objects to this request on 11 the grounds that the term "viral marketing activities" is vague and ambiguous and 12 renders the request overbroad and unduly burdensome. 13 REQUEST FOR PRODUCTION NO. 208: 14 Documents sufficient to identify any and all reports prepared regarding said 15 viral marketing activities. 16 RESPONSE TO REQUEST FOR PRODUCTION NO. 208: 17 UMG incorporates by reference each of its General Objections. UMG further 18 objects that this request is overbroad, unduly burdensome, and seeks documents that 19 are neither relevant to the claims or defenses of any parry nor reasonably calculated to 20 lead to the discovery of admissible evidence. UMG further objects to this request on 21 the grounds that the term "said viral marketing activities" is vague and ambiguous and 22 renders the request overbroad and unduly burdensome. UMG further objects to this 23 request appears to request documents that are not in UMG's possession, custody or 24 control. 25 Subject to and without waiving the foregoing objections, UMG will produce 26 non-privileged responsive documents, if any, to the extent identified by a search of the 27 files of specific employees and executives that UMG will identify utilizing specific 28 129 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 search terms that UMG will identify. 2 REQUEST FOR PRODUCTION NO. 209: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 3 All documents evidencing, referring or relating to any and all reports and/or 4 memoranda reporting on viral marketing activities relating to your copyrighted works 5 or any artists under contract with you. 6 RESPONSE TO REQUEST FOR PRODUCTION NO. 209: 7 UMG incorporates by reference each of its General Objections. UMG further 8 objects that this request is overbroad, unduly burdensome, and seeks documents that 9 are neither relevant to the claims or defenses of any party nor reasonably calculated to 10 lead to the discovery of admissible evidence. UMG further objects to this request on 11 the grounds that the terms "viral marketing activities" and "evidencing, referring or 12 relating to" are vague and ambiguous and render the request overbroad and unduly 13 burdensome. UMG further objects that this request appears to request documents that 14 are not in UMG's possession, custody or control. 15 Subject to and without waiving the foregoing objections, UMG will produce 16 non-privileged responsive documents, if any, to the extent identified by a search of the 17 files of specific employees and executives that UMG will identify utilizing specific 18 search terms that UMG will identify. 19 REQUEST FOR PRODUCTION NO. 217: 20 All documents evidencing, referring or relating to your policies regarding your 21 artists' uploading or posting of your copyrighted works on the internet. 22 RESPONSE TO REQUEST FOR PRODUCTION NO. 217: 23 UMG incorporates by reference each of its General Objections. UMG further 24 objects that this request is vague and ambiguous, overbroad, unduly burdensome, and 25 that it seeks documents that are neither relevant to the claims or defenses of any party 26 nor reasonably calculated to lead to the discovery of admissible evidence, in that it 27 seeks "All documents evidencing, referring or relating to your policies" regarding 28 130 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 postings of UMG's copyrighted works by artists. 2 Subject to and without waiving the foregoing objections, UMG will produce non- 3 privileged responsive documents, if any, to the extent identified by a search of the 4 files of specific employees and executives that UMG will identify utilizing specific 5 search terms that UMG will identify. 6 B. Veoh's Contentions and Points and Authorities 7 Veoh propounded discovery in an effort to investigate and determine the extent 8 of Plaintiffs' viral marketing activities. Rather than comply with their discovery 9 obligations and act in a manner consistent with this Court's prior orders in MySpace 10 and Grouper on the subject of viral marketing discovery (see Calkins Decl. ¶ 17), 11 Plaintiffs have refused to provide the requested documents and information, relying on 12 a host of meritless objections. For example, Plaintiffs allege that the term "viral 13 marketing" is too vague and ambiguous to permit a response. (See e.g. UMG's 14 Response to Veoh's Interrogatory No. 24, Plaintiffs' Responses to Veoh's Request 15 Nos. 202-203, 206-207). Of course, this is nonsense. Plaintiffs undeniably know 16 what "viral marketing" means, not only through Plaintiffs' and/or their corporate 17 relations' significant direct viral marketing activities, but also through the activities of 18 third parties such as Fanscape, hired by Plaintiffs and/or their corporate affiliates to 19 build promotional campaigns around virally marketing Plaintiffs' music on the 20 internet. 21 Indeed, now that Plaintiffs (and third parties retained by Plaintiffs) have 22 successfully virally disseminated these videos over the internet, they seek to hold 23 Veoh, and other sites, liable. Plaintiffs' viral marketing is directly relevant to this 24 action, as it impacts Plaintiffs' damages claims as well as Veoh's affirmative defenses. 25 Veoh's viral marketing requests are also relevant as to whether Plaintiffs or their 26 agents in fact posted the works that ended up on Veoh. Plaintiffs' objections and 27 28 131 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 refusals are meritless and Plaintiffs should be compelled to provide further responses 2 and documents immediately. 3 1. 4 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 5 Plaintiffs' Viral Marketing Is Highly Relevant to Plaintiffs' Damages Claims Discovery relating to Plaintiffs' viral marketing activities is highly relevant to 6 the issue of damages. In this action, Plaintiffs seek statutory, as well as actual, 7 damages. (See Complaint, ¶¶ 32-33, 40-41, 49-50, 57-58). Statutory damages 8 generally range from $750 to $30,000 per work but may be increased to $150,000 in 9 cases where a plaintiff proves willfulness. 17 U.S.C. § 504(c)(1). Absent willfulness, 10 "statutory damages should bear some relationship to the actual damages suffered." 11 Peer International Corp. v. Luna Records, Inc. 887 F.Supp. 560, 568. 12 Plaintiffs' practice of virally marketing their own videos by posting them on 13 various internet sites will directly impact any attempted claim of willfulness on the 14 part of the site. Indeed, Plaintiffs' statutory damages claims will be severely 15 undermined at evidence that Plaintiffs themselves freely distributed their own videos 16 for promotional purposes. Plaintiffs should not be allowed to conceal such evidence. 17 18 2. Plaintiffs' Viral Marketing Is Highly Relevant to Veoh's Affirmative Defenses 19 Plaintiffs' viral marketing activities are also highly relevant to Veoh's 20 affirmative defenses, including estoppel, unclean hands, and implied license. "A 21 plaintiff is estopped from asserting a copyright claim if he has aided the defendant in 22 infringing or otherwise induced it to infringe or has committed covert acts such as 23 holding out … by silence or inaction." Field v. Google, 412 F. Supp.2d 1106, 1116 24 (D. Nev. 2006). Documents and information evidencing Plaintiffs' own marketing of 25 works with the intent that they be virally distributed to other sites is clearly relevant as 26 evidence that Plaintiffs should be estopped from asserting the claims herein. 27 28 132 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 Uploading music videos to internet sites for marketing and promotion, then suing 3 those same sites for copyright infringement is plainly inequitable. Veoh is entitled to 4 viral marketing discovery to develop this affirmative defense. 333 South Grand Avenue Los Angeles, CA 90071-1543 5 Winston & Strawn LLP The discovery sought is also relevant to Veoh's unclean hands defense. The discovery at issue is additionally relevant to Veoh's implied license 6 defense. A copyright owner may grant a nonexclusive license impliedly through 7 conduct. See Effects Assoc., Inc. v. Cohen, 908 F. 2d 555, 558-59 (9th Cir. 1990). 8 Consent to use the copyrighted work need not be manifested verbally and may be 9 inferred based on silence where the copyright holder knows of the use and encourages 10 it. Field v. Google, Inc., 412 F.Supp. 2d 1106, 1116 (D. Nev. 2006). Clearly 11 Plaintiffs' knowing, viral marketing of the works at issue by posting them on sites 12 including Veoh is highly relevant here. Veoh is entitled to discovery on this issue. 13 3. Plaintiffs Should Be Compelled to Provide Further Responses 14 and Documents Relating to Viral Marketing Immediately 15 Clearly, the question of how any purportedly infringing content may have 16 originated on Veoh is critical. If such content was placed there by Plaintiffs 17 themselves, or at their direction, in an effort to promote Plaintiffs' own artists, Veoh is 18 entitled to know about it. It is likely Plaintiffs' recognition of the devastating 19 consequences of having their viral marketing activities exposed, not "vagueness" or 20 "ambiguity," that lies at the heart of Plaintiffs' efforts to block Veoh's efforts to obtain 21 this discovery. Plaintiffs should be compelled to provide further responses and all 22 responsive documents immediately. 23 C. UMG’s Contentions And Points Of Authorities 24 Like MySpace and Grouper, Veoh tries to cobble together a defense theory in 25 this case based upon UMG’s purported “viral marketing” activities. In reality, just as 26 was the case in the MySpace and Grouper actions, this “theory” is far more a vehicle 27 to demand massive amounts of costly discovery than a legitimate defense in this case. 28 133 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 First, like MySpace and Grouper, Veoh groups together a broad array of activity and 2 calls it “viral marketing.” It appears that what Veoh really seeks is all documents 3 about any online marketing of any kind. For example, Veoh’s request number 40 4 seeks “All documents concerning your distribution of material containing the 5 copyrighted musical compositions, or any portion of the copyrighted musical 6 compositions, on the internet.” In support of its broad discovery demands, Veoh puts 7 forth the same tired theories of relevance that MySpace and Grouper relied upon, 8 trying to suggest that evidence relating to UMG’s so-called “viral marketing” 9 activities could somehow support defenses of estoppel, unclean hands or implied 10 license, or could somehow be relevant to the damages inquiry. As explained in detail 11 below, UMG’s purported viral marketing activities – even if Veoh’s theories about 12 UMG’s activities were proven – could not support Veoh’s defenses and thus are not 13 relevant for purposes of discovery here. This is particularly true in light of UMG’s 14 already extensive production regarding its on-line marketing activities, summarized in 15 part below, but which included a search for documents containing the word “Veoh.” 16 (UMG undertook a similar search in the MySpace and Grouper actions for documents 17 containing the names of those websites, among others, all of which has also been 18 produced to Veoh, but which Veoh has apparently not yet reviewed.) Veoh cannot 19 demonstrate any need for further production. 20 1. Veoh Fails To Explain What Materials It Seeks 21 Throughout its cursory argument6 Veoh simply refers generally to “viral 22 marketing” as though that term had some precise meaning that could properly define 23 the scope of its requests consistent with Veoh’s obligations under Federal Rule 34. In 24 fact, Veoh seems to lump together a wide variety of concepts. The Court has 25 previously encountered similar issues in the MySpace and Grouper matters, but UMG 26 27 28 6 Like all of its arguments, in this section, Veoh devotes less than 3 pages to its explanation for the purported basis to compel responses to eight interrogatories and twenty document requests. 134 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 offers this brief discussion for purposes of clarifying the nature of the issues. UMG 2 respectfully submits that, although it has already produced extensive materials 3 regarding its online marketing activities (as discussed further below), none of the 4 categories of material categorized by Veoh as “viral marketing” are relevant for 5 purposes of discovery. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 6 a. Posting Of Content Vs. Posting Of Comments 7 As the Court recognized in connection with the MySpace and Grouper actions, 8 the term “viral marketing” is often loosely used by defendants to refer to any number 9 of different possible activities. One key distinction that the Court recognized 10 previously is the difference between posting a copy of a particular video on a web site 11 and merely posting some text or a link to another web site. For example, as the Court 12 recognized, “viral marketing” might include individuals going onto a particular web 13 site and posting laudatory comments about a newly released album, such as “You 14 should check out this great new album from [performer]. I think it’s fantastic.” 15 Similarly, a marketer could post a link on a website suggesting that users click the link 16 to, for example, obtain more information and possibly listen to a sample of music at 17 UMG’s own website. As the Court recognized in the MySpace and Grouper actions, 18 such postings are far from any relevant issues in this case. Nonetheless, Veoh pursues 19 all such information here. 20 As the Court knows, UMG has an express written policy against the posting of 21 actual content onto websites except under certain circumstances (which will be 22 discussed in greater detail below). See Ledahl Decl., Ex. 4 (UMG's Video policy). 23 This policy has been in effect since before Veoh even operated a web site. Id. The 24 Court recognized in the Grouper matter that only the actual posting of content itself 25 (not comments or links) could possibly be relevant to the issues in a case such as this 26 involving UMG’s claims against an infringing site. We discuss the specific legal 27 arguments Veoh cursorily presents below. However, as the Court has previously 28 135 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 recognized, UMG’s activities to market its content through posting of comments or 2 other information other than the content itself cannot support any of Veoh’s theories. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 3 b. Postings On Veoh Vs. Other Sites 4 An additional issue that the Court previously recognized is the important 5 distinction between possible interactions between UMG and Veoh and possible 6 interactions between UMG and other internet sites. As the Court recognized, to the 7 extent that any of UMG’s online marketing activities might be relevant, only those 8 directly involving Veoh are likely to have any meaningful impact on this case. 9 Indeed, as discussed in greater detail below, the theories that Veoh relies upon to 10 support this discovery turn on direct interactions between UMG and Veoh, not on 11 interactions between UMG and some third party. Thus, while Veoh might be able to 12 construct arguments about a particular work if UMG had actually posted that work 13 onto Veoh’s site, the same cannot be said about potential postings of UMG content 14 onto other, third-party sites. 15 16 c. Postings On Licensed Sites Vs. Unlicensed Sites Even with respect to alleged postings of UMG content onto other, third-party 17 websites, Veoh fails to address the important distinction between licensed and 18 unlicensed sites. As the Court will recall, UMG has license agreements with many 19 web sites that permit display of UMG content under certain circumstances. UMG has 20 already produced numerous license agreements detailing such arrangements. Ledahl 21 Decl., ¶ 4. As the Court is aware, UMG is compensated for the display of its content 22 on these licensed sites, typically at a set rate for each viewing. The Court previously 23 acknowledged that UMG’s posting of content onto such sites would not be relevant to 24 defenses like those asserted by Veoh here. As the Court knows, copyright law 25 imposes no “fairness doctrine” requiring that if UMG licenses content to one site, it 26 must do so for all others. Moreover, Veoh does not even suggest that it ever sought 27 such a license. Indeed, Veoh contends it has no need for any such license. As 28 136 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 discussed in greater detail below, Veoh offers no authority for the proposition that 2 UMG’s provision of content pursuant to a license agreement could somehow 3 immunize Veoh’s unauthorized use of the same content. Similarly, Veoh cannot 4 explain how such activity pursuant to license agreements could be relevant to damages 5 issues here. 6 7 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 8 2. UMG Has Already Made An Extensive Production Of Online Marketing Information Veoh falsely asserts that UMG categorically refuses to produce any information 9 regarding its online marketing activities. As with most of the issues presented in this 10 motion, had Veoh reviewed UMG’s extensive production, it would have discovered 11 that UMG has in fact produced thousands of documents relating to its online 12 marketing efforts. Indeed, as a result of its diligent search for relevant information, 13 UMG has already produced documents relating to its online distribution efforts, see, 14 e.g., Ledahl Decl., Ex. 5 (document reflecting UMG's online distribution of videos); 15 online marketing summaries, see, e.g., id., Ex. 6 (example online marketing 16 summary); documents from the NetReach division of UMGD (which handles online 17 marketing activities for many of UMG’s record labels), see, e.g., id., Ex. 7 (document 18 relating to NetReach); and documents regarding UMG’s policies for online 19 distribution of its content, see, e.g., id., Ex. 4 (UMG's Video Policy). Veoh never 20 explains why this extensive production is incomplete or what relevant materials Veoh 21 believes have been excluded from UMG’s production. As with its other arguments, 22 Veoh simply repeats its requests. 23 UMG has also already searched for documents relating to Veoh, for example, 24 across a broad range of appropriate employees and executives. Id. at ¶ 5. These 25 would include (if they existed) documents about uploading videos onto Veoh. 26 Moreover, as was the case with Grouper, Veoh already has the email address of every 27 user who has ever posted a video onto Veoh – that information is a required part of 28 137 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 Veoh’s sign-up process before a user can upload any videos. Id. at ¶ 11. Thus, Veoh 2 can already search its own files for any postings by users with UMG email addresses 3 to look for postings on Veoh’s site by UMG employees.7 Veoh does not suggest that 4 it lacks such information. Veoh apparently seeks extensive additional documentation 5 about any of UMG’s interactions with web sites other than Veoh. UMG has already 6 produced extensive records reflecting its interactions with a number of websites, 7 including MySpace and Grouper. Id. at ¶ 5. As set forth in greater detail below, 8 further discovery into UMG’s interactions with websites other than Veoh is irrelevant 9 and unnecessary. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 3. 11 Veoh's Interrogatories and Document Requests Seek Irrelevant Discovery 12 Veoh purports to seek a broad range of discovery regarding UMG’s alleged 13 “viral marketing” activities. Veoh makes no effort to discuss the specific merits of 14 any of the actual requests, nor of UMG’s objections thereto. Instead, Veoh simply 15 claims broadly that “viral marketing” is relevant to various defenses. Though its 16 moving papers are sorely lacking in clarity, UMG expects that, like MySpace and 17 Grouper, Veoh hopes to find some evidence that UMG posted copies of its videos on 18 internet sites where others might be able to obtain copies of them. As discussed 19 above, UMG has already searched for information regarding its interactions with 20 Veoh. Thus, Veoh’s requests are either moot, or Veoh is seeking information about 21 UMG’s interactions with other sites. Veoh apparently believes that such interactions 22 by UMG would somehow immunize Veoh’s infringing conduct. Veoh asserts (in only 23 the most cursory fashion) four separate theories in support of the relevance of online 24 marketing discovery: implied license, estoppel, unclean hands, and damages. In fact, 25 any meaningful analysis of these issues reveals that so-called “viral marketing” 26 27 28 7 Notably, Veoh still has not produced such information to UMG. 138 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 activities in dealing with other websites could not be relevant to any of these four 2 theories. 3 a. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 4 Online Marketing Discovery Is Irrelevant To An Implied License Defense 5 Implied licenses arise only when (1) a copyright holder creates a copyrighted 6 work at the request of another and (2) provides that work with the intention that the 7 requestor will copy and distribute the work. Atkins v. Fischer, 331 F.3d 988, 992 8 (D.C. Cir. 2003) (noting that an implied license will arise where: “‘(1) a person (the 9 licensee) requests the creation of a work, (2) the creator (the licensor) makes the 10 particular work and delivers it to the licensee who requested it, and (3) the licensor 11 intends that the licensee-requestor copy and distribute his work’”) (quoting Lulirama 12 Ltd, Inc. v. Axcess Broad Sews., 128 F.3d 872, 879 (5th Cir. 1997)). Veoh does not 13 suggest that this circumstance applies here or that the online marketing discovery it 14 seeks can support such a claim. Obviously, Veoh does not suggest UMG creates its 15 works at Veoh's request. Moreover, as discussed above, UMG has already searched 16 for evidence of its interactions with Veoh. Veoh fails to explain how UMG’s 17 interactions with sites other than Veoh could possibly give rise to any defense of 18 implied license. 19 Even if Veoh’s “best case” hypothesis were true – a UMG employee posted a 20 video on some unlicensed internet site – Veoh never explains how such a posting 21 could create an implied license upon which Veoh may rely. Unsurprisingly, Veoh 22 cites no case that finds an implied license under such circumstances. Where Veoh has 23 no involvement with UMG, it has no legal ground to suggest that an implied license 24 arises. Thus, this defense provides no basis for Veoh to seek discovery of UMG’s 25 interactions with other web sites.8 26 8 27 28 Even if Veoh could show the necessary interactions with a UMG employee, Veoh would also have to show that any UMG employee posting a video was actually acting as an agent for UMG and that, through their agency, could somehow provide Veoh with an implied license. Veoh could not make such a showing. UMG’s employees 139 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 b. Online Marketing Discovery Is Irrelevant To Estoppel Veoh additionally argues that online marketing discovery is "highly relevant to 3 Veoh's … [affirmative defense of] estoppel.” The four elements necessary to an 4 estoppel defense are: “(1) the party to be estopped [UMG] must know the facts; (2) he 5 must intend that his conduct shall be acted on or must so act that the party asserting 6 the estoppel has a right to believe it is so intended; (3) the latter must be ignorant of 7 the true facts; and (4) he must rely on the former’s conduct to his injury.” Metro- 8 Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 518 F. Supp. 2d 1197, 1225 (C.D. Cal. 9 2007) (citing Hampton v. Paramount Pictures Corp., 279 F.2d 100, 105 (9th Cir. 10 1960)). Veoh does not and cannot explain how online marketing about which Veoh 11 has—and had—no knowledge supports a defense grounded on reasonable reliance. 12 Veoh cannot suggest that it relied on any conduct by UMG. Instead, Veoh is fishing 13 after-the-fact for conduct about which it had no knowledge. No discovery sought by 14 Veoh will evidence an estoppel defense because Veoh cannot identify any conduct 15 upon which it relied so as to create an estoppel. Additional discovery will not cure 16 this failing; Veoh simply cannot allege or contend that UMG ever indicated approval 17 of Veoh’s mass infringement. 18 Veoh attempts to rely upon Field v. Google, Inc. to support its position, but that 19 reliance is misplaced. Field involved a very unique set of facts in which the plaintiff 20 admittedly set out to manufacture an infringement claim against Google by utilizing 21 certain technical features of Google’s system to deliberately cause Google to make a 22 copy of Field’s work. Field v. Google, Inc., 412 F. Supp.2d 1106, 1113 (D. Nev. 23 2006). Specifically, Field communicated directly with Google by setting certain 24 features of his web site to expressly permit Google to scan the site and create a cached 25 copy of the page, then Field claimed that this copying and display of the copied 26 and others working with UMG have no authorization to post UMG music videos on unlicensed internet sites. UMG has a video policy that disallows such postings. See Ledahl Decl., Ex. 4 (UMG's Video Policy). Thus, any employee who posted a video contrary to the policy would be acting outside the scope of his or her employment. 140 27 28 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 material by Google was infringement. Id. These unique facts have no application 2 here. Veoh cannot claim that it somehow relied on some as-yet undiscovered instance 3 in which UMG allegedly posted a video on some web site other than Veoh. Indeed, 4 Veoh cannot credibly claim that it was even aware of such an interaction with another 5 web site (and if it was it has no need for discovery about the interactions). In Field, 6 the Court found that Google relied directly on the conduct by Field which was 7 communicated by Field to Google through the settings on his web site. Id. at 1117. 8 Here, Veoh can make no similar arguments. 9 c. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 11 Online Marketing Discovery Is Irrelevant To Unclean Hands Veoh states that evidence of online marketing also bolsters Veoh's affirmative 12 defense of unclean hands. Beyond this ipse dixit, Veoh never explains this argument. 13 To establish unclean hands, “a defendant must demonstrate (1) inequitable conduct by 14 the plaintiff; (2) that the plaintiff’s conduct directly relates to the claim which it has 15 asserted against the defendant; and (3) plaintiffs’ conduct injured the defendant.” 16 Grokster, 518 F. Supp. 2d at 1223 (citing Survivor Productions LLC v. Fox 17 Broadcasting Co., 2001 WL 35829270, at *3 (C.D. Cal. June 12, 2001)). Veoh never 18 bothers to explain how online marketing supports any of these. Veoh never explains 19 or suggests how UMG’s online marketing constitutes “inequitable conduct” by UMG, 20 how such marketing relates to claims against Veoh, or how such conduct injured 21 Veoh. Simply put, Veoh's theory lacks any support. Veoh must proffer more than the 22 name of a defense to support its discovery requests. 23 24 d. Online Marketing Is Irrelevant To Damages Finally, Veoh asserts that UMG’s online marketing activities are relevant to 25 damages. Though Veoh does not acknowledge this fact in its portion of the joint 26 stipulation, UMG has elected to pursue statutory damages for Veoh's infringement. 27 Veoh cites no authority suggesting that UMG’s online marketing pertains to damages. 28 141 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 Veoh never explains how UMG’s alleged posting of videos could bear on actual 2 damages, much less statutory damages. Indeed, the one sentence Veoh devotes to 3 “explaining” its argument asserts that evidence of UMG’s posting of videos on 4 internet sites (other than Veoh) will somehow affect UMG’s claim that Veoh’s 5 infringement was willful. This assertion makes no sense. The willfulness inquiry 6 focuses on Veoh’s conduct, not UMG’s. Veoh is accused of willfully infringing 7 UMG’s copyrights. Willfulness may be found where, for example, an infringer like 8 Veoh “recklessly disregarded” the possibility that “its conduct represented 9 infringement.” Hamil America, Inc. v. GFI, 193 F.3d 92, 97 (2d Cir. 1999). That 10 inquiry focuses on Veoh’s knowledge and conduct. UMG’s dealings with third 11 parties have nothing to do with Veoh’s knowledge that its conduct was infringing, or 12 that Veoh recklessly disregarded the possibility that its conduct was infringing. 13 Veoh further suggests that UMG’s online marketing activities could somehow 14 affect UMG’s actual damages in this action. First, UMG’s actual damages are not a 15 necessary element of statutory damages. Indeed, as a case relied upon by Veoh (Veoh 16 misrepresents the case’s holding) states, “statutory damages are not meant to be 17 merely compensatory or restitutionary.” Yurman Design, Inc. v. PAJ, Inc., 262 F.3d 18 101, 112 (2d Cir. 2001). Even if actual damages were a proper consideration for 19 assessing statutory damages, however, here, UMG’s online marketing activities with 20 respect to other websites have no bearing on UMG’s actual damages. UMG’s actual 21 damages (were it actually seeking them) would be primarily measured based upon the 22 licensing revenue that Veoh did not pay for its unauthorized exploitation of UMG’s 23 copyrighted works. For example, a web site licensed by UMG pays licensing fees to 24 UMG in connection with its use of UMG’s content. These licensed web sites pay 25 such licensing fees whether or not UMG also posts copies of the content on other web 26 sites. Veoh can evaluate this issue for itself – it already has the license agreements. 27 Given these basic and indisputable facts, UMG’s actual damages from Veoh’s 28 142 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 infringement do not change regardless of whether UMG posted a particular work on 2 some other third-party internet site. Given this, Veoh’s claim that so-called “viral 3 marketing” discovery is relevant to damages is false.9 4 4. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 5 Veoh Fails To Show The Need For More Discovery As discussed above, Veoh’s requests for online marketing discovery seek 6 irrelevant information. Notwithstanding this fact, UMG has already produced 7 thousands and thousands of pages of discovery regarding its online marketing efforts. 8 Indeed, UMG has already produced the more than 1,000,000 pages of documents it 9 produced in the Grouper and MySpace actions in response to document requests 10 largely identical to those propounded by Veoh. And UMG did not stop there: In order 11 to ensure that it had undertaken a good faith search compliant with its obligations 12 under the Federal Rules, UMG undertook additional searches—including searches of 13 additional custodians within UMG’s marketing department whose documents 14 presumably respond to Veoh’s vague requests—and produced hundreds of thousands 15 of additional pages of documents responsive to Veoh’s requests. Having apparently 16 not reviewed a single page of this discovery, Veoh demands that UMG produce still 17 more. Veoh must do more than simply request more documents. Veoh must show 18 that additional discovery beyond that already produced is needed. See Convolve, Inc. 19 v. Compaq Computer Corp., 223 F.R.D. 162, 167-68 (S.D.N.Y. 2004) (denying 20 request for additional discovery even though it was relevant because requesting party 21 had not shown that the additional discovery was needed in light of the discovery 22 already provided). Here, Veoh asks for some unspecified category of materials that 23 could potentially require UMG to search the files of all of its thousands of employees 24 to try to find needles in the haystack. Veoh has already received a massive 25 production. It fails to show the need even for the discovery UMG has already 26 provided, much less for UMG to pursue even more discovery at significant expense. 27 9 28 UMG also refers the Court to a further discussion of discovery with respect to damages issues in Section V, infra. 143 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 Veoh should first review the discovery it has already received. Then, if it believes it 2 can make a good faith showing of the need for even more, it can present actual 3 evidence and argument to the Court instead of merely repeating its document requests. 4 Veoh’s present motion makes no such showing and should be denied. 5 V. 6 PLAINTIFFS' ALLEGED DAMAGES, PROMOTION, PROTECTION, 7 AND VALUE OF THE ALLEGEDLY INFRINGED WORKS 8 A. 9 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP ISSUE NO. 4 – DOCUMENTS AND INFORMATION RELATING TO 11 12 Statement of Disputed Interrogatories and Requests For Production and Plaintiffs' Responses VEOH INTERROGATORIES: 4, 5, 12, 14, 22 INTERROGATORY NO. 4: For each work identified in response to Interrogatory No. 1, state on an annual 13 basis for the past ten (10) years (1) your gross revenues generated from sales of the 14 work; and (2) your gross and net profit generated from sales of the work and how such 15 profit was calculated. 16 RESPONSE TO INTERROGATORY NO. 4: 17 UMG incorporates by reference each of its General Objections, as well as its 18 objections to Veoh's Interrogatory No. 1. UMG objects that the discovery sought is 19 overly broad and unduly burdensome in that, among other things, it seeks financial 20 information for the past 10 years. UMG further objects that the discovery sought is 21 overly broad, unduly burdensome, and vague and ambiguous. UMG objects that this 22 interrogatory is vague and ambiguous with respect to the phrases "each work," "the 23 work," "gross revenues generated from sales of the work," and "gross and net profits 24 generated from sales of the work." UMG further objects that this interrogatory seeks 25 information not relevant to the parties' claims or defenses and is not reasonably 26 calculated to lead to the discovery of admissible evidence. UMG further objects to the 27 extent that this interrogatory calls for information subject to confidentiality 28 144 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 agreements between UMG and third parties. Nothing contained herein shall be 2 considered a waiver of such confidentiality obligations. 3 INTERROGATORY NO. 5: 4 Identify all distributors and all channels of distribution used for each work 5 identified in response to Interrogatory No. 1, including the quantity of works sold 6 through each distributor, and for the channels of distribution that include direct sales 7 to the public, state the quantity of each work sold directly to the public. 8 RESPONSE TO INTERROGATORY NO. 5: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 9 UMG incorporates by reference each of its General Objections, as well as its 10 objections to Veoh's Interrogatory No. 1. UMG objects that this interrogatory is vague 11 and ambiguous, as well as overly broad and unduly burdensome, as to the meaning of 12 "distributors" and "channels of distribution." UMG further objects that the discovery 13 sought is overly broad and unduly burdensome in that, among other things, it seeks 14 the identification of all distributors and all channels of distribution used for each work 15 infringed by Veoh. UMG further objects that UMG's distributors and channels of 16 distribution are not relevant to the parties' claims or defenses and such discovery is not 17 reasonably calculated to lead to the discovery of admissible evidence. UMG further 18 objects that this interrogatory is overly broad, unduly burdensome, and seeks 19 information not relevant to the parties' claims or defenses in that it seeks the quantity 20 of works sold through each distributor, the channels of distribution that include direct 21 sales to the public, and the quantity of works sold directly to the public. UMG objects 22 to the extent that this interrogatory calls for information subject to confidentiality 23 agreements between UMG and third parties. Nothing contained herein or produced in 24 response hereto shall be considered a waiver of such confidentiality obligations. 25 INTERROGATORY NO. 12: 26 27 28 Describe in detail, including a quantification, all actual damages you claim to have suffered as a result of the infringement you allege in this case. 145 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 RESPONSE TO INTERROGATORY NO. 12: UMG incorporates by reference each of its General Objections. UMG further 3 objects that much of the discovery necessary to respond to this interrogatory is within 4 Veoh's possession, custody, or control, and has not yet been produced. UMG objects 5 to this interrogatory on the grounds that it is premature in that it calls for UMG to 6 produce information regarding the factual basis of its claims before UMG has had the 7 opportunity to complete its investigation of the facts. Giving an accurate and full 8 response to this interrogatory would be impossible at this time given that much of the 9 information called for by the interrogatory is within Veoh's own possession, custody, 10 or control. UMG further objects to this interrogatory as premature to the extent it 11 seeks expert testimony. UMG further objects to the extent that this interrogatory calls 12 for information subject to confidentiality agreements between UMG and third parties. 13 Nothing contained herein shall be considered a waiver of such confidentiality 14 obligations. UMG will produce neither confidential documents nor confidential 15 financial information until a productive order is in place, and even then will only 16 produce such discovery in a manner consistent with its confidentiality obligations. 17 UMG further objects that this interrogatory seeks information that is not relevant to 18 the claims and defenses of any party, nor reasonably calculated to lead to the 19 discovery of admissible evidence inasmuch as UMG elects to pursue statutory 20 damages in this action. 21 INTERROGATORY NO. 14: 22 Identify all licensees of your copyrighted works, including but not limited to the 23 copyrighted works you allege were infringed in this action, and for each provide: (i) 24 the person(s) responsible for negotiating the license on your behalf; (ii) the person(s) 25 responsible for negotiating the license on behalf of the licensee; (iii) the date on which 26 you entered into each license agreement; (iv) the expiration date of each of the license 27 agreements. 28 146 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 RESPONSE TO INTERROGATORY NO. 14: UMG incorporates by reference each of its General Objections. UMG objects 3 that this interrogatory is overly broad and unduly burdensome in that it seeks the 4 identification of "all licensees" of UMG's works. UMG further objects that this 5 interrogatory seeks information not relevant to the parties' claims or defenses and is 6 not reasonably calculated to lead to the discovery of admissible evidence, in that, 7 among other things, this interrogatory seeks the identification of "all licensees" and 8 the person(s) responsible for negotiating each license. UMG objects to the 9 interrogatory for the identification of "person(s) responsible for negotiating the license 10 on behalf of the licensee," to the extent this calls for information not with UMG's 11 possession, custody, or control. UMG further objects to the extent that this 12 interrogatory calls for information that is subject to confidentiality agreements 13 between UMG and third parties. Nothing contained herein shall be considered a 14 waiver of such confidentiality obligations. Moreover, without waiving the foregoing 15 objections, UMG will not produce confidential documents until a protective order is in 16 place. UMG further objects to the definition of "persons" as overly broad and unduly 17 burdensome. 18 Subject to and without waiving the foregoing objections, UMG responds as 19 follows: Pursuant to Rule 33(d) of the Federal Rules of Civil Procedure, UMG will 20 produce executed licenses for online video streaming and online video downloads to 21 Veoh, subject to the entry of a protective order and consistent with the confidentiality 22 obligations UMG has to third parties. 23 INTERROGATORY NO. 22: 24 Describe in detail each instance in which an artist informed you that he/she/it 25 objected to or did not approve of the inclusion, exploitation or availability of a 26 copyrighted sound recording or copyrighted musical composition on veoh.com. 27 28 147 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 RESPONSE TO INTERROGATORY NO. 22: 2 UMG incorporates by reference each of its General Objections. UMG further objects 3 that this interrogatory seeks information that is neither relevant to the claims or 4 defenses of any party nor reasonably calculated to lead to the discovery of admissible 5 evidence since "artists," as that term is defined by Veoh, may not be the owners of the 6 copyrights at issue in this case. Therefore, whether or not an artist objected, wanted to 7 object, or never had an opportunity to object, is irrelevant. Furthermore, the definition 8 of "artists" would require UMG to canvass thousands of individuals or entities in 9 order to respond to this interrogatory and, as such, is grossly overbroad and unduly 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 burdensome. 11 VEOH REQUEST NOS.: 34-42, 52-53, 96, 98-147, 151-153, 157-159, 161- 12 168, 172, 175-178, 182, 183, 184-202, 210-214, 216, 218, 220-221, 224-225, 13 227-229, 232-233, 235-241 14 15 REQUEST FOR PRODUCTION NO. 34: Documents sufficient to identify your total annual profits, related to each 16 copyrighted work claimed by you in this action for each of the past ten (10) years. 17 RESPONSE TO REQUEST FOR PRODUCTION NO. 34: 18 UMG incorporates by reference each of its General Objections. UMG further 19 objects to this request as being overbroad and unduly burdensome, in that, among 20 other things, it seeks financial information for the past 10 years, and that it seeks 21 documents that are neither relevant to the claims or defenses of any party nor 22 reasonably calculated to lead to the discovery of admissible evidence. UMG further 23 objects to this request on the grounds that it is premature insofar as UMG has not yet 24 been able to identify all of the specific works for which UMG alleges infringement in 25 this action as the information to do so is possessed by Veoh and not UMG. As a result, 26 the nonprivileged documents UMG produces in response to this request, if any, should 27 not be construed as a representation by UMG that the works referred to in such 28 148 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 documents constitutes a complete list of UMG's copyrighted works that have appeared 2 on Veoh or as a representation that further factual investigation and discovery will not 3 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 4 objects to this request as vague and ambiguous as to what constitutes profits "related 5 to" a copyrighted work. UMG further objects to the extent that this request seeks 6 documents that are not in UMG's possession, custody or control. Additionally, the 7 burden of production in response to these requests greatly outweighs the potential 8 relevance, if any, of the requested material. Given that UMG has not definitively 9 elected to pursue its actual damages, Veoh's requests for documents relating to UMG's 10 profits are premature. 11 REQUEST FOR PRODUCTION NO. 35: 12 Documents sufficient to identify your total annual revenues related to each 13 copyrighted work claimed by you in this action for each of the past ten (10) years. 14 RESPONSE TO REQUEST FOR PRODUCTION NO. 35: 15 UMG incorporates by reference each of its General Objections. UMG further 16 objects to this request as being overbroad and unduly burdensome, and that it seeks 17 documents that are neither relevant to the claims or defenses of any party nor 18 reasonably calculated to lead to the discovery of admissible evidence. UMG further 19 objects to this request on the grounds that it is premature insofar as UMG has not yet 20 been able to identify all of the specific works for which UMG alleges infringement in 21 this action as the information to do so is possessed by Veoh and not UMG. As a result, 22 the nonprivileged documents UMG produces in response to this request, if any, should 23 not be construed as a representation by UMG that the works referred to in such 24 documents constitutes a complete list of UMG's copyrighted works that have appeared 25 on Veoh or as a representation that further factual investigation and discovery will not 26 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 27 objects to this request as vague and ambiguous as to what constitutes revenues 28 149 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 "related to" a copyrighted work. UMG further objects to the extent that this request 2 seeks documents that are not in UMG's possession, custody or control. Additionally, 3 the burden of production in response to these requests greatly outweighs the potential 4 relevance, if any, of the requested material. Given that UMG has not definitively 5 elected to pursue its actual damages, Veoh's requests for documents relating to UMG's 6 revenues are premature. 7 REQUEST FOR PRODUCTION NO. 36: 8 9 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 Documents sufficient to identify your total annual expenses related to each copyrighted work claimed by you in this action for each of the past ten (10) years. RESPONSE TO REQUEST FOR PRODUCTION NO. 36: 11 UMG incorporates by reference each of its General Objections. UMG further 12 objects to this request as being overbroad and unduly burdensome, and that it seeks 13 documents that are neither relevant to the claims or defenses of any party nor 14 reasonably calculated to lead to the discovery of admissible evidence. UMG further 15 objects to this request on the grounds that it is premature insofar as UMG has not yet 16 been able to identify all of the specific works for which UMG alleges infringement in 17 this action as the information to do so is possessed by Veoh and not UMG. As a result, 18 the nonprivileged documents UMG produces in response to this request, if any, should 19 not be construed as a representation by UMG that the works referred to in such 20 documents constitutes a complete list of UMG's copyrighted works that have appeared 21 on Veoh or as a representation that further factual investigation and discovery will not 22 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 23 objects to this request as vague and ambiguous as to what constitutes expenses 24 "related to" a copyrighted work. UMG further objects to the extent that this request 25 seeks documents that are not in UMG's possession, custody or control. Additionally, 26 the burden of production in response to these requests greatly outweighs the potential 27 relevance, if any, of the requested material. Given that UMG has not definitively 28 150 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 elected to pursue its actual damages, Veoh's requests for documents relating to UMG's 2 expenses are premature. 3 REQUEST FOR PRODUCTION NO. 37: 4 5 where any of the allegedly infringed works appear with your knowledge and consent, 6 on a monthly basis for the past five (5) years. 7 RESPONSE TO REQUEST FOR PRODUCTION NO. 37: 8 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP Documents sufficient to show the number of visits by any person to any website UMG incorporates by reference each of its General Objections. UMG further objects that this request seeks information that is not relevant to the claims or defenses 10 of any party and is not reasonably calculated to lead to the discovery of admissible 11 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 12 further objects to this request on the grounds that it is premature insofar as UMG has 13 not yet been able to identify all of the specific works for which UMG alleges 14 infringement in this action as the information to do so is possessed by Veoh and not 15 UMG. As a result, the nonprivileged documents UMG produces in response to this 16 request, if any, should not be construed as a representation by UMG that the works 17 referred to in such documents constitutes a complete list of UMG's copyrighted works 18 that have appeared on Veoh or as a representation that further factual investigation 19 and discovery will not reveal more of UMG's copyrighted works that have appeared 20 on Veoh. UMG further objects to this request in that it requests documents that are not 21 in UMG's possession, custody or control. UMG further objects to this request as vague 22 and ambiguous in that it refers to "number of visits" and "by any person." UMG 23 objects to this request to the extent it calls for a legal conclusion. 24 REQUEST FOR PRODUCTION NO, 38: 25 All documents concerning indexes, lists or inventories of documents and things 26 maintained by or for you relating to all copyrighted works for which you allege 27 infringement in this action. 28 151 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 RESPONSE TO REQUEST FOR PRODUCTION NO. 38: 2 UMG incorporates by reference each of its General Objections. UMG further 3 objects that this request is overbroad, unduly burdensome, and seeks documents that 4 are neither relevant to the claims or defenses of any parry nor reasonably calculated to 5 lead to the discovery of admissible evidence. UMG further objects to this request as 6 vague, ambiguous. and unintelligible as to what constitutes an "index[]" or "list[]"of 7 documents relating to copyrighted works. UMG further objects to this request on the 8 grounds that it is premature insofar as UMG has not yet been able to identify all of the 9 specific "copyrighted works for which" UMG "allege[s] infringement in this action," 10 as the information to do so is possessed by Veoh and not UMG. As a result, the 11 nonprivileged documents UMG produces in response to this request, if any, should 12 not be construed as a representation by UMG that the works referred to in such 13 documents constitutes a complete list of UMG's copyrighted works that have appeared 14 on Veoh or as a representation that further factual investigation and discovery will not 15 reveal more of UMG's copyrighted works that have appeared on Veoh. 16 REQUEST FOR PRODUCTION NO. 39: 17 All documents concerning your distribution of the copyrighted sound 18 recordings, or any portion of the copyrighted sound recordings, on the internet. 19 RESPONSE TO REQUEST FOR PRODUCTION NO. 39: 20 UMG incorporates by reference each of its General Objections. UMG further 21 objects that this request seeks information that is not relevant to the claims or defenses 22 of any party and is not reasonably calculated to lead to the discovery of admissible 23 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 24 further objects to this request on the grounds that it is vague and ambiguous as to the 25 term "the copyrighted sound recordings." UMG further objects to the extent that this 26 request seeks documents that are not in UMG's possession, custody or control. 27 28 Subject to and without waiving the foregoing objections, UMG will produce 152 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 non-privileged responsive documents, if any, to the extent identified by a search of the 2 files of specific employees and executives that UMG will identify utilizing specific 3 search terms that UMG will identify. 4 REQUEST FOR PRODUCTION NO. 40: 5 All documents concerning your distribution of material containing the 6 copyrighted musical compositions, or any portion of the copyrighted musical 7 compositions, on the internet. 8 RESPONSE TO REQUEST FOR PRODUCTION NO. 40: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 9 UMG incorporates by reference each of its General Objections. UMG further 10 objects that this request seeks information that is not relevant to the claims or defenses 11 of any party and is not reasonably calculated to lead to the discovery of admissible 12 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 13 further objects to this request on the grounds that it is vague and ambiguous as to the 14 terms "distribution ... on the internet" and "the copyrighted musical compositions." 15 UMG further objects to the extent that this request seeks documents that are not in 16 UMG's possession, custody or control. 17 Subject to and without waiving the foregoing objections, UMG will produce 18 non-privileged responsive documents, if any, to the extent identified by a search of the 19 files of specific employees and executives that UMG will identify utilizing specific 20 search terms that UMG will identify. 21 REQUEST FOR PRODUCTION NO. 41: 22 All documents concerning your use of the internet to promote and/or exploit the 23 copyrighted sound recordings and the copyrighted musical compositions. 24 RESPONSE TO REQUEST FOR PRODUCTION NO. 41: 25 UMG incorporates by reference each of its General Objections. UMG further 26 objects that this request seeks information that is not relevant to the claims or defenses 27 of any party and is not reasonably calculated to lead to the discovery of admissible 28 153 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 2 further objects to this request as vague and ambiguous as to the terms "copyrighted 3 musical compositions," "use of the internet," "copyrighted sound recordings," 4 "promote," and "exploit." UMG further objects to the extent that this request seeks 5 documents that are not in UMG's possession, custody or control. 6 7 non-privileged responsive documents, if any, to the extent identified by a search of the 8 files of specific employees and executives that UMG will identify utilizing specific 9 search terms that UMG will identify. 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce REQUEST FOR PRODUCTION NO. 42: 11 All documents concerning your use of video hosting or sharing services to 12 promote the copyrighted sound recordings and the copyrighted musical compositions. 13 RESPONSE TO REQUEST FOR PRODUCTION NO. 42: 14 UMG incorporates by reference each of its General Objections. UMG further 15 objects that this request seeks information that is not relevant to the claims or defenses 16 of any parry and is not reasonably calculated to lead to the discovery of admissible 17 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 18 further objects to this request as vague and ambiguous as to the terms "promote," 19 "copyrighted musical compositions," "copyrighted sound recordings," and "use of 20 video hosting or sharing services." UMG further objects to the extent that this request 21 seeks documents that are not in UMG's possession, custody or control. 22 Subject to and without waiving the foregoing objections, UMG will produce 23 non-privileged responsive documents, if any, to the extent identified by a search of the 24 files of specific employees and executives that UMG will identify utilizing specific 25 search terms that UMG will identify. 26 REQUEST FOR PRODUCTION NO. 52: 27 28 All documents between you and the performing artists and songwriters of the 154 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 works for which you claim infringement in this action, referring or relating to the 2 promotion of any and all of the copyrighted works claimed you in this action. 3 RESPONSE TO REQUEST FOR PRODUCTION NO. 52: 4 UMG incorporates by reference each of its General Objections. UMG further 5 objects that this request is overbroad, unduly burdensome, and seeks documents that 6 are neither relevant to the claims or defenses of any party nor reasonably calculated to 7 lead to the discovery of admissible evidence. UMG further objects to this request on 8 the grounds that it is premature insofar as UMG has not yet been able to identify all of 9 the specific works for which UMG alleges infringement in this action as the 10 information to do so is possessed by Veoh and not UMG. As a result, the 11 nonprivileged documents UMG produces in response to this request, if any, should 12 not be construed as a representation by UMG that the works referred to in such 13 documents constitutes a complete list of UMG's copyrighted works that have appeared 14 on Veoh or as a representation that further factual investigation and discovery will not 15 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG objects 16 to this request on the grounds that "documents between you and the performing artists 17 and songwriters" is vague, ambiguous, and/or unintelligible. UMG objects to this 18 request on the grounds that the term "referring or relating to the promotion" is vague, 19 ambiguous, and overbroad and unduly burdensome. 20 REQUEST FOR PRODUCTION NO. 53: 21 All documents concerning any failure of digital rights management systems you 22 have utilized to protect the copyrighted works claimed by you in this action. 23 RESPONSE TO REQUEST FOR PRODUCTION NO. 53: 24 UMG incorporates by reference each of its General Objections. UMG further 25 objects that this request is overbroad, unduly burdensome, and seeks documents that 26 are neither relevant to the claims or defenses of any party nor reasonably calculated to 27 lead to the discovery of admissible evidence. UMG further objects to this request as 28 155 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 vague and ambiguous as to what constitutes documents "concerning" the failure of 2 digital rights management. UMG further objects to the extent that this request seeks 3 documents that are not in UMG's possession, custody or control. UMG objects to the 4 term "failure" as vague, ambiguous, and/or argumentative. UMG further objects to 5 this request on the grounds that it is premature insofar as UMG has not yet been able 6 to identify all of the specific "copyrighted works claimed by" UMG "in this action" as 7 the information to do so is possessed by Veoh and not UMG. As a result, the 8 nonprivileged documents UMG produces in response to this request, if any, should 9 not be construed as a representation by UMG that the works referred to in such 10 documents constitutes a complete list of UMG's copyrighted works that have appeared 11 on Veoh or as a representation that further factual investigation and discovery will 12 not reveal more of UMG's copyrighted works that have appeared on Veoh. 13 REQUEST FOR PRODUCTION NO. 96: 14 All documents concerning market research regarding whether or not infringing 15 copyrighted material operates to attract viewers and/or users to Veoh.com or any other 16 website. 17 RESPONSE TO REQUEST FOR PRODUCTION NO. 96: 18 UMG incorporates by reference each of its General Objections. UMG further 19 objects that this request seeks information that is not relevant to the claims or defenses 20 of any party and is not reasonably calculated to lead to the discovery of admissible 21 evidence. UMG further objects to this request as vague and ambiguous as to the terms 22 "market research," documents "concerning" "market research," and "material [which] 23 "operates to attract viewers." UMG further objects to the extent that this request seeks 24 documents that are not in UMG's possession, custody or control. UMG further objects 25 that the request seeks information that is already in Veoh's possession, custody or 26 control, or reasonably available to Veoh. 27 28 156 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 REQUEST FOR PRODUCTION NO. 98: All documents, including all documents constituting, referring, or relating to all 3 proposals, negotiations and agreements, between you and SendMe, Inc. 4 RESPONSE TO REQUEST FOR PRODUCTION NO. 98: 5 UMG incorporates by reference each of its General Objections. UMG further 6 objects that this request is overbroad, unduly burdensome, and seeks documents that 7 are neither relevant to the claims or defenses of any party nor reasonably calculated to 8 lead to the discovery of admissible evidence. UMG further objects to this request to 9 the extent it requests documents that are not in UMG's possession, custody, or control. 10 UMG further objects to the extent that this request calls for information that is subject 11 to confidentiality agreements between UMG and third parties. 12 REQUEST FOR PRODUCTION NO. 99: 13 All documents constituting, referring, or relating to any business analyses, 14 including analyses regarding sales and profitability, conducted by or for you in 15 connection with all agreements between you and SendMe, Inc. 16 RESPONSE TO REQUEST FOR PRODUCTION NO. 99: 17 UMG incorporates by reference each of its General Objections. UMG further 18 objects to this request on the grounds that it is overbroad and unduly burdensome. 19 UMG further objects to the extent that this request seeks information that is not 20 relevant to the claims or defenses of any party and is not reasonably calculated to lead 21 to the discovery of admissible evidence. UMG further objects to this request as vague 22 and ambiguous as to the term "business analyses." UMG further objects to the extent 23 that this request seeks documents that are not in UMG's possession, custody or 24 control. UMG further objects to the extent that this request calls for information that is 25 subject to confidentiality agreements between UMG and third parties. 26 REQUEST FOR PRODUCTION NO. 100: 27 28 All documents, including all documents constituting, referring, or relating to all 157 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 proposals, negotiations and agreements, between you and Amazon.com. 2 RESPONSE TO REQUEST FOR PRODUCTION NO. 100: 3 UMG incorporates by reference each of its General Objections. UMG further 4 objects that this request is overbroad, unduly burdensome, and seeks documents that 5 are neither relevant to the claims or defenses of any party nor reasonably calculated to 6 lead to the discovery of admissible evidence. UMG further objects to this request to 7 the extent it requests documents that are not in UMG`s possession, custody, or 8 control. UMG further objects to the extent that this request calls for information that is 9 subject to confidentiality agreements between UMG and third parties. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 Subject to and without waiving the foregoing objections, UMG will produce 11 executed license agreements for music streaming and downloading services after entry 12 by the Court of an appropriate protective order and subject to UMG's obligations 13 under the confidentiality restrictions in those agreements. 14 REQUEST FOR PRODUCTION NO. 101: 15 All documents constituting, referring, or relating to any business analyses, 16 including analyses regarding sales and profitability, conducted by or for you in 17 connection with all agreements between you and Amazon.com. 18 RESPONSE TO REQUEST FOR PRODUCTION NO. 101: 19 UMG incorporates by reference each of its General Objections. UMG 20 incorporates by reference each of its General Objections. UMG further objects to this 21 request on the grounds that it is overbroad and unduly burdensome. UMG further 22 objects to the extent that this request seeks information that is not relevant to the 23 claims or defenses of any party and is not reasonably calculated to lead to the 24 discovery of admissible evidence. UMG further objects to this request as vague and 25 ambiguous as to the term "business analyses." UMG further objects to the extent that 26 this request seeks documents that are not in UMG's possession, custody or control. 27 UMG further objects to the extent that this request calls for information that is subject 28 158 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 to confidentiality agreements between UMG and third parties. 2 REQUEST FOR PRODUCTION NO. 102: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 3 All documents, including all documents constituting, referring, or relating to all 4 proposals, negotiations and agreements, between you and RealNetworks, Inc. 5 RESPONSE TO REQUEST FOR PRODUCTION NO. 102: 6 UMG incorporates by reference each of its General Objections. UMG further 7 objects that this request is overbroad, unduly burdensome, and seeks documents that 8 are neither relevant to the claims or defenses of any party nor reasonably calculated to 9 lead to the discovery of admissible evidence. UMG further objects to this request to 10 the extent it requests documents that are not in UMG's possession, custody, or control. 11 UMG further objects to the extent that this request calls for information that is subject 12 to confidentiality agreements between UMG and third parties. 13 Subject to and without waiving the foregoing objections, UMG will produce 14 executed license agreements for music streaming and downloading services after entry 15 by the Court of an appropriate protective order and subject to UMG's obligations 16 under the confidentiality restrictions in those agreements. 17 REQUEST FOR PRODUCTION NO. 103: 18 All documents constituting, referring, or relating to any business analyses, 19 including analyses regarding sales and profitability, conducted by or for you in 20 connection with all agreements between you and RealNetworks, Inc. 21 RESPONSE TO REQUEST FOR PRODUCTION NO. 103: 22 UMG incorporates by reference each of its General Objections. UMG further 23 objects to this request on the grounds that it is overbroad and unduly burdensome. 24 UMG further objects to the extent that this request seeks information that is not 25 relevant to the. claims or defenses of any party and is not reasonably calculated to lead 26 to the discovery of admissible evidence. UMG further objects to this request as vague 27 and ambiguous as to the term "business analyses." UMG further objects to the extent 28 159 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 that this request seeks documents that are not in UMG's possession, custody or 2 control. UMG further objects to the extent that this request calls for information that is 3 subject to confidentiality agreements between UMG and third parties. 4 REQUEST FOR PRODUCTION NO. 104: 5 All documents, including all documents constituting, referring, or relating to all 6 proposals, negotiations and agreements, between you and WalMart. RESPONSE TO 7 REQUEST FOR PRODUCTION NO. 104: 8 UMG incorporates by reference each of its General Objections. UMG further 9 objects that this request is overbroad, unduly burdensome, and seeks documents that 10 are neither relevant to the claims or defenses of any party nor reasonably calculated to 11 lead to the discovery of admissible evidence. UMG further objects to this request to 12 the extent it requests documents that are not in UMG's possession, custody, or control. 13 UMG further objects to the extent that this request calls for information that is subject 14 to confidentiality agreements between UMG and third parties. 15 Subject to and without waiving the foregoing objections, UMG will produce 16 executed license agreements for music streaming and downloading services after entry 17 by the Court of an appropriate protective order and subject to UMG's obligations 18 under the confidentiality restrictions in those agreements. 19 REQUEST FOR PRODUCTION NO. 105: 20 All documents constituting, referring, or relating to any business analyses, 21 including analyses regarding sales and profitability, conducted by or for you in 22 connection with all agreements between you and Wa1Mart. 23 RESPONSE TO REQUEST FOR PRODUCTION NO. 105: 24 UMG incorporates by reference each of its General Objections. UMG further 25 objects to this request on the grounds that it is overbroad and unduly burdensome. 26 UMG further objects to the extent that this request seeks information that is not 27 relevant to the claims or defenses of any party and is not reasonably calculated to lead 28 160 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 to the discovery of admissible evidence. UMG further objects to this request as vague 2 and ambiguous as to the term "business analyses." UMG further objects to the extent 3 that this request seeks documents that are not in UMG's possession, custody or 4 control. UMG further objects to the extent that this request calls for information that is 5 subject to confidentiality agreements between UMG and third parties. 6 REQUEST FOR PRODUCTION NO. 106: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 7 All documents, including all documents constituting, referring, or relating to all 8 proposals, negotiations and agreements, between you and gBox. 9 RESPONSE TO REQUEST FOR PRODUCTION NO. 106: 10 UMG incorporates by reference each of its General Objections. UMG further 11 objects that this request is overbroad, unduly burdensome, and seeks documents that 12 are neither relevant to the claims or defenses of any party nor reasonably calculated to 13 lead to the discovery of admissible evidence. UMG further objects to this request to 14 the extent it requests documents that are not in UMG's possession, custody, or control. 15 UMG further objects to the extent that this request calls for information that is subject 16 to confidentiality agreements between UMG and third parties. 17 Subject to and without waiving the foregoing objections, UMG will produce 18 executed license agreements for music streaming and downloading services after entry 19 by the Court of an appropriate protective order and subject to UMG's obligations 20 under the confidentiality restrictions in those agreements. 21 REQUEST FOR PRODUCTION NO. 107: 22 All documents constituting, referring, or relating to any business analyses, 23 including analyses regarding sales and profitability, conducted by or for you in 24 connection with all agreements between you and gBox. 25 RESPONSE TO REQUEST FOR PRODUCTION NO. 107: 26 27 28 UMG incorporates by reference each of its General Objections. UMG further objects to this request on the grounds that it is overbroad and unduly burdensome. 161 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 UMG further objects to the extent that this request seeks information that is not 2 relevant to the claims or defenses of any party and is not reasonably calculated to lead 3 to the discovery of admissible evidence. UMG further objects to this request as vague 4 and ambiguous as to the term "business analyses." UMG further objects to the extent 5 that this request seeks documents that are not in UMG's possession, custody or 6 control. UMG further objects to the extent that this request calls for information that is 7 subject to confidentiality agreements between UMG and third parties. 8 REQUEST FOR PRODUCTION NO. 108: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 9 All documents, including all documents constituting, referring, or relating to all 10 proposals, negotiations and agreements, between you and Google. 11 RESPONSE TO REQUEST FOR PRODUCTION NO. 108: 12 UMG incorporates by reference each of its General Objections. UMG further 13 objects that this request is overbroad, unduly burdensome, and seeks documents that 14 are neither relevant to the claims or defenses of any party nor reasonably calculated to 15 lead to the discovery of admissible evidence. UMG further objects to this request to 16 the extent it requests documents that are not in UMG's possession, custody, or control. 17 UMG further objects to the extent that this request calls for information that is subject 18 to confidentiality agreements between UMG and third parties. 19 Subject to and without waiving the foregoing objections, UMG will produce 20 executed license agreements for music streaming and downloading services after entry 21 by the Court of an appropriate protective order and subject to UMG's obligations 22 under the confidentiality restrictions in those agreements. 23 REQUEST FOR PRODUCTION NO. 109: 24 All documents constituting, referring, or relating to any business analyses, 25 including analyses regarding sales and profitability, conducted by or for you in 26 connection with all agreements between you and Google. 27 28 162 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 RESPONSE TO REQUEST FOR PRODUCTION NO. 109: UMG incorporates by reference each of its General Objections. UMG further 3 objects to this request on the grounds that it is overbroad and unduly burdensome. 4 UMG further objects to the extent that this request seeks information that is not 5 relevant to the claims or defenses of any party and is not reasonably calculated to lead 6 to the discovery of admissible evidence. UMG further objects to this request as vague 7 and ambiguous as to the term "business analyses." UMG further objects to the extent 8 that this request seeks documents that are not in UMG's possession, custody or 9 control. UMG further objects to the extent that this request calls for information that is 10 subject to confidentiality agreements between UMG and third parties. 11 REQUEST FOR PRODUCTION NO. 110: 12 All documents, including all documents constituting, referring, or relating to all 13 proposals, negotiations and agreements, between you and Best Buy. 14 RESPONSE TO REQUEST FOR PRODUCTION NO. 110: 15 UMG incorporates by reference each of its General Objections. UMG further 16 objects that this request is overbroad, unduly burdensome, and seeks documents that 17 are neither relevant to the claims or defenses of any party nor reasonably calculated to 18 lead to the discovery of admissible evidence. UMG further objects to this request to 19 the extent it requests documents that are not in UMG's possession, custody, or control. 20 UMG further objects to the extent that this request calls for information that is subject 21 to confidentiality agreements between UMG and third parties. 22 Subject to and without waiving the foregoing objections, UMG will produce 23 executed license agreements for music streaming and downloading services after entry 24 by the Court of an appropriate protective order and subject to UMG's obligations 25 under the confidentiality restrictions in those agreements. 26 REQUEST FOR PRODUCTION NO.111: 27 28 All documents constituting, referring, or relating to any business analyses, 163 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 including analyses regarding sales and profitability, conducted by or for you in 2 connection with all agreements between you and Best Buy. 3 RESPONSE TO REQUEST FOR PRODUCTION NO. 111: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 4 UMG incorporates by reference each of its General Objections. UMG further 5 objects to this request on the grounds that it is overbroad and unduly burdensome. 6 UMG further objects to the extent that this request seeks information that is not 7 relevant to the claims or defenses of any party and is not reasonably calculated to lead 8 to the discovery of admissible evidence. UMG further objects to this request as vague 9 and ambiguous as to the term "business analyses." UMG further objects to the extent 10 that this request seeks documents that are not in UMG's possession, custody or 11 control. UMG further objects to the extent that this request calls for information that is 12 subject to confidentiality agreements between UMG and third parties. 13 REQUEST FOR PRODUCTION NO. 112: 14 All documents, including all documents constituting, referring, or relating to all 15 proposals, negotiations and agreements, between you and Nokia Corp. RESPONSE 16 TO REQUEST FOR PRODUCTION NO. 112: 17 UMG incorporates by reference each of its General Objections. UMG further 18 objects that this request is overbroad, unduly burdensome, and seeks documents that 19 are neither relevant to the claims or defenses of any party nor reasonably calculated to 20 lead to the discovery of admissible evidence. UMG further objects to this request to 21 the extent it requests documents that are not in UMG's possession, custody, or control. 22 UMG further objects to the extent that this request calls for information that is subject 23 to confidentiality agreements between UMG and third parties. 24 Subject to and without waiving the foregoing objections, UMG will produce 25 executed license agreements for music streaming and downloading services after entry 26 by the Court of an appropriate protective order and subject to UMG's obligations 27 under the confidentiality restrictions in those agreements 28 164 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 333 South Grand Avenue Los Angeles, CA 90071-1543 All documents constituting, referring, or relating to any business analyses, 3 including analyses regarding sales and profitability, conducted by or for you in 4 connection with all agreements between you and Nokia Corp. 5 RESPONSE TO REQUEST FOR PRODUCTION NO. 113: 6 Winston & Strawn LLP REQUEST FOR PRODUCTION NO. 113: UMG incorporates by reference each of its General Objections. UMG further 7 objects to this request on the grounds that it is overbroad and unduly burdensome. 8 UMG further objects to the extent that this request seeks information that is not 9 relevant to the claims or defenses of any party and is not reasonably calculated to lead 10 to the discovery of admissible evidence. UMG further objects to this request as vague 11 and ambiguous as to the term "business analyses." UMG further objects to the extent 12 that this request seeks documents that are not in UMG's possession, custody or 13 control. UMG further objects to the extent that this request calls for information that is 14 subject to confidentiality agreements between UMG and third parties. 15 REQUEST FOR PRODUCTION NO. 114: 16 All documents, including all documents constituting, referring, or relating to all 17 proposals, negotiations and agreements, between you and AT&T. 18 RESPONSE TO REQUEST FOR PRODUCTION NO. 114: 19 UMG incorporates by reference each of its General Objections. UMG further 20 objects that this request is overbroad, unduly burdensome, and seeks documents that 21 are neither relevant to the claims or defenses of any parry nor reasonably calculated to 22 lead to the discovery of admissible evidence. UMG further objects to this request to 23 the extent it requests documents that are not in UMG's possession, custody, or control. 24 UMG further objects to the extent that this request calls for information that is subject 25 to confidentiality agreements between UMG and third parties. 26 27 28 Subject to and without waiving the foregoing objections, UMG will produce executed license agreements for music streaming and downloading services after entry 165 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 by the Court of an appropriate protective order and subject to UMG's obligations 2 under the confidentiality restrictions in those agreements. 3 REQUEST FOR PRODUCTION NO. 115: 4 5 including analyses regarding sales and profitability, conducted by or for you in 6 connection with all agreements between you and AT&T. 7 RESPONSE TO REQUEST FOR PRODUCTION NO. 115: 8 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP All documents constituting, referring, or relating to any business analyses, UMG incorporates by reference each of its General Objections. UMG further objects to this request on the grounds that it is overbroad and unduly burdensome. 10 UMG further objects to the extent that this request seeks information that is not 11 relevant to the claims or defenses of any party and is not reasonably calculated to lead 12 to the discovery of admissible evidence. UMG further objects to this request as vague 13 and ambiguous as to the term "business analyses." UMG further objects to the extent 14 that this request seeks documents that are not in UMG's possession, custody or 15 control. UMG further objects to the extent that this request calls for information that is 16 subject to confidentiality agreements between UMG and third parties. 17 REQUEST FOR PRODUCTION NO. 116: 18 All documents, including all documents constituting, referring, or relating to all 19 proposals, negotiations and agreements, between you and Microsoft. 20 RESPONSE TO REQUEST FOR PRODUCTION NO. 116: 21 UMG incorporates by reference each of its General Objections. UMG further 22 objects that this request is overbroad, unduly burdensome, and seeks documents that 23 are neither relevant to the claims or defenses of any party nor reasonably calculated to 24 lead to the discovery of admissible evidence. UMG further objects to this request to 25 the extent it requests documents that are not in UMG's possession, custody, or control. 26 UMG further objects to the extent that this request calls for information that is subject 27 to confidentiality agreements between UMG and third parties. 28 166 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 executed license agreements for music streaming and downloading services after entry 3 by the Court of an appropriate protective order and subject to UMG's obligations 4 under the confidentiality restrictions in those agreements. 5 REQUEST FOR PRODUCTION NO. 117: 6 333 South Grand Avenue Los Angeles, CA 90071-1543 All documents constituting, referring, or relating to any business analyses, 7 including analyses regarding sales and profitability, conducted by or for you in 8 connection with all agreements between you and Microsoft. 9 RESPONSE TO REQUEST FOR PRODUCTION NO. 117: 10 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce UMG incorporates by reference each of its General Objections. UMG further 11 objects to this request on the grounds that it is overbroad and unduly burdensome. 12 UMG further objects to the extent that this request seeks information that, is not 13 relevant to the claims or defenses of any party and is not reasonably calculated to lead 14 to the discovery of admissible evidence. UMG further objects to this request as vague 15 and ambiguous as to the term "business analyses." UMG further objects to the extent 16 that this request seeks documents that are not in UMG's possession, custody or 17 control. UMG further objects to the extent that this request calls for information that is 18 subject to confidentiality agreements between UMG and third parties. 19 REQUEST FOR PRODUCTION NO. 118: 20 All documents, including all documents constituting, referring, or relating to all 21 proposals, negotiations and agreements, between you and Apple, Inc. RESPONSE 22 TO REQUEST FOR PRODUCTION NO. 118: 23 UMG incorporates by reference each of its General Objections. UMG further 24 objects that this request is overbroad, unduly burdensome, and seeks documents that 25 are neither relevant to the claims or defenses of any party nor reasonably calculated to 26 lead to the discovery of admissible evidence. UMG further objects to this request to 27 the extent it requests documents that are not in UMG's possession, custody, or control. 28 167 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 UMG further objects to the extent that this request calls for information that is subject 2 to confidentiality agreements between UMG and third parties. 3 4 executed license agreements for music streaming and downloading services after entry 5 by the Court of an appropriate protective order and subject to UMG's obligations 6 under the confidentiality restrictions in those agreements. 7 REQUEST FOR PRODUCTION NO. 119: 8 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce All documents constituting, referring, or relating to any business analyses, including analyses regarding sales and profitability, conducted by or for you in 10 connection with all agreements between you and Apple, Inc. 11 RESPONSE TO REQUEST FOR PRODUCTION NO. 119: 12 UMG incorporates by reference each of its General Objections. UMG further 13 objects to this request on the grounds that it is overbroad and unduly burdensome. 14 UMG further objects to the extent that this request seeks information that is not 15 relevant to the claims or defenses of any party and is not reasonably calculated to lead 16 to the discovery of admissible evidence. UMG further objects to this request as vague 17 and ambiguous as to the term "business analyses." UMG further objects to the extent 18 that this request seeks documents that are not in UMG's possession, custody or 19 control. UMG further objects to the extent that this request calls for information that is 20 subject to confidentiality agreements between UMG and third parties. 21 REQUEST FOR PRODUCTION NO. 120: 22 All documents, including all documents constituting, referring, or relating to all 23 proposals, negotiations and agreements, between you and Imeem. 24 RESPONSE TO REQUEST FOR PRODUCTION NO. 120: 25 UMG incorporates by reference each of its General Objections. UMG further 26 objects that this request is overbroad, unduly burdensome, and seeks documents that 27 are neither relevant to the claims or defenses of any party nor reasonably calculated to 28 168 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 lead to the discovery of admissible evidence. UMG further objects to this request to 2 the extent it requests documents that are not in UMG's possession, custody, or control. 3 UMG further objects to the extent that this request calls for information that is subject 4 to confidentiality agreements between UMG and third parties. 5 6 executed license agreements for music streaming and downloading services after entry 7 by the Court of an appropriate protective order and subject to UMG's obligations 8 under the confidentiality restrictions in those agreements. 9 REQUEST FOR PRODUCTION NO. 121: 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce All documents constituting, referring, or relating to any business analyses, 11 including analyses regarding sales and profitability, conducted by or for you in 12 connection with all agreements between you and Imeem. 13 RESPONSE TO REQUEST FOR PRODUCTION NO 121: 14 UMG incorporates by reference each of its General Objections. UMG further 15 objects to this request on the grounds that it is overbroad and unduly burdensome. 16 UMG further objects to the extent that this request seeks information that is not 17 relevant to the claims or defenses of any party and is not reasonably calculated to lead 18 to the discovery of admissible evidence. UMG further objects to this request as vague 19 and ambiguous as to the term "business analyses." UMG further objects to the extent 20 that this request seeks documents that are not in UMG's possession, custody or 21 control. UMG further objects to the extent that this request calls for information that is 22 subject to confidentiality agreements between UMG and third parties. 23 REQUEST FOR PRODUCTION NO. 122: 24 All documents, including all documents constituting, referring, or relating to all 25 proposals, negotiations and agreements, between you and Launch. 26 RESPONSE TO REQUEST FOR PRODUCTION NO 122: 27 28 UMG incorporates by reference each of its General Objections. UMG further 169 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 objects that this request is overbroad, unduly burdensome, and seeks documents that 2 are neither relevant to the claims or defenses of any party nor reasonably calculated to 3 lead to the discovery of admissible evidence. UMG further objects to this request to 4 the extent it requests documents that are not in UMG's possession, custody, or control. 5 UMG further objects to the extent that this request calls for information that is subject 6 to confidentiality agreements between UMG and third parties. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 7 Subject to and without waiving the foregoing objections, UMG will produce 8 executed license agreements for music streaming and downloading services after entry 9 by the Court of an appropriate protective order and subject to UMG's obligations 10 under the confidentiality restrictions in those agreements. 11 REQUEST FOR PRODUCTION NO. 123: 12 All documents constituting, referring, or relating to any business analyses, 13 including analyses regarding sales and profitability, conducted by or for you in 14 connection with all agreements between you and Launch. 15 RESPONSE TO REQUEST FOR PRODUCTION NO. 123: 16 UMG incorporates by reference each of its General Objections. UMG further 17 objects to this request on the grounds that it is overbroad and unduly burdensome. 18 UMG further objects to the extent that this request seeks information that is not 19 relevant to the claims or defenses of any party and is not reasonably calculated to lead 20 to the discovery of admissible evidence. UMG further objects to this request as vague 21 and ambiguous as to the term "business analyses." UMG further objects to the extent 22 that this request seeks documents that are not in UMG's possession, custody or 23 control. UMG further objects to the extent that this request calls for information that is 24 subject to confidentiality agreements between UMG and third parties. 25 REQUEST FOR PRODUCTION NO. 124: 26 27 28 All documents, including all documents constituting, referring, or relating to all proposals, negotiations and agreements, between you and Yahoo. 170 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 UMG incorporates by reference each of its General Objections. UMG further 3 objects that this request is overbroad, unduly burdensome, and seeks documents that 4 are neither relevant to the claims or defenses of any party nor reasonably calculated to 5 lead to the discovery of admissible evidence. UMG further objects to this request to 6 the extent it requests documents that are not in UMG's possession, custody, or control. 7 UMG further objects to the extent that this request calls for information that is subject 8 to confidentiality agreements between UMG and third parties. 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP RESPONSE TO REQUEST FOR PRODUCTION NO. 124: Subject to and without waiving the foregoing objections, UMG will produce 10 executed license agreements for music streaming and downloading services after entry 11 by the Court of an appropriate protective order and subject to UMG's obligations 12 under the confidentiality restrictions in those agreements. 13 REQUEST FOR PRODUCTION NO. 125: 14 All documents constituting, referring, or relating to any business analyses, 15 including analyses regarding sales and profitability, conducted by or for you in, 16 connection with all agreements between you and Yahoo. 17 RESPONSE TO REQUEST FOR PRODUCTION NO. 125: 18 UMG incorporates by reference each of its General Objections. UMG further 19 objects to this request on the grounds that it is overbroad and unduly burdensome. 20 UMG further objects to the extent that this request seeks information that is not 21 relevant to the claims or defenses of any party and is not reasonably calculated to lead 22 to the discovery of admissible evidence. UMG further objects to this request as vague 23 and ambiguous as to the term "business analyses." UMG further objects to the extent 24 that this request seeks documents that are not in UMG's possession, custody or 25 control. UMG further objects to the extent that this request calls for information that is 26 subject to confidentiality agreements between UMG and third parties. 27 28 171 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 REQUEST FOR PRODUCTION NO. 126: 2 All documents, including all documents constituting, referring, or relating to all 3 proposals, negotiations and agreements, between you and any and all wireless service 4 providers, including but not limited to documents relating to the licensing, delivery 5 and/or distribution of works owned or controlled by you. 6 RESPONSE TO REQUEST FOR PRODUCTION NO. 126: 7 UMG incorporates by reference each of its General Objections. UMG further 8 objects that this request is overbroad, unduly burdensome, and seeks documents that 9 are neither relevant to the claims or defenses of any party nor reasonably calculated to 10 lead to the discovery of admissible evidence. UMG further objects to this request as 11 vague and ambiguous as to the term "wireless service providers." UMG further 12 objects to the extent that this request seeks documents that are not in UMG's 13 possession, custody or control. UMG further objects to the extent that this request 14 calls for information that is subject to confidentiality agreements between UMG and 15 16 17 third parties. REQUEST FOR PRODUCTION NO. 127: All documents, including all documents evidencing, referring or relating to all 18 proposals, negotiations and agreements between you and any and all persons, relating 19 to the licensing, delivery and/or distribution of works owned or controlled by you. 20 RESPONSE TO REQUEST FOR PRODUCTION NO. 127: 21 UMG incorporates by reference each of its General Objections. UMG further 22 objects that this request is overbroad, unduly burdensome, and seeks documents that 23 are neither relevant to the claims or defenses of any party nor reasonably calculated to 24 lead to the discovery of admissible evidence. UMG further objects to this request to 25 the extent it requests documents that are not in UMG's possession, custody, or control. 26 UMG further objects to the extent that this request calls for information that is subject 27 to confidentiality agreements between UMG and third parties. UMG further objects to 28 172 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 this request on the grounds that the phrase "evidencing, referring or relating to" is 2 vague and ambiguous. 3 REQUEST FOR PRODUCTION NO. 128: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 4 All documents, including all documents constituting, referring, or relating to all 5 proposals, negotiations and agreements, between you and any and all wireless device 6 manufacturers, including but not limited to documents relating to the licensing, 7 delivery and/or distribution of works owned or controlled by you. 8 RESPONSE TO REQUEST FOR PRODUCTION NO. 128: 9 UMG incorporates by reference each of its General Objections. UMG further 10 objects that this request is overbroad, unduly burdensome, and seeks documents that 11 are neither relevant to the claims or defenses of any party nor reasonably calculated to 12 lead to the discovery of admissible evidence in that, among other things, Veoh is not a 13 "wireless device manufacturer[]." UMG further objects to this request to the extent it 14 requests documents that are not in UMG's possession, custody, or control. 15 UMG further objects to the extent that this request calls for information that is 16 subject to confidentiality agreements between UMG and third parties. 17 REQUEST FOR PRODUCTION NO. 129: 18 All documents, including but not limited to all documents constituting, 19 referring, or relating to all proposals, including but not limited to licensing proposals, 20 negotiations and agreements, between you and any and all persons, including but not 21 limited to Sony BMG Music Entertainment, EMT Group, Ltd., Warner Music Group 22 Corp., and any wireless service providers, regarding Total Music. 23 RESPONSE TO REQUEST FOR PRODUCTION NO 129: 24 UMG incorporates by reference each of its General Objections. UMG further 25 objects that this request is overbroad, unduly burdensome, and seeks documents that 26 are neither relevant to the claims or defenses of any party nor reasonably calculated to 27 lead to the discovery of admissible evidence. UMG further objects to this request to 28 173 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 the extent it requests documents that are not in UMG's possession, custody, or control. 2 UMG further objects to the extent that this request calls for information that is subject 3 to confidentiality agreements between UMG and third parties. 4 REQUEST FOR PRODUCTION NO. 130: 5 6 and you, referring or relating to Total Music. 7 RESPONSE TO REQUEST FOR PRODUCTION NO 130: 8 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP All documents, including but not limited to letters of inquiry, between the DOJ UMG incorporates by reference each of its General Objections. UMG further objects that this request seeks information that is not relevant to the claims or defenses 10 of any party and is not reasonably calculated to lead to the discovery of admissible 11 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 12 further objects to this request to the extent it calls for the production of privileged 13 attorney-client communications, attorney work product, or otherwise privileged or 14 protected material. 15 REQUEST FOR PRODUCTION NO. 131: 16 All documents referring or relating to Total Music, including but not limited to 17 any and all business and strategic plans, analyses, and financial and performance 18 forecasts. 19 RESPONSE TO REQUEST FOR PRODUCTION NO 131: 20 UMG incorporates by reference each of its General Objections. UMG further 21 objects that this request is overbroad, unduly burdensome, and seeks documents that 22 are neither relevant to the claims or defenses of any party nor reasonably calculated to 23 lead to the discovery of admissible evidence. UMG further objects to this request to 24 the extent it requests documents that are not in UMG's possession, custody, or control. 25 UMG further objects to the extent that this request calls for information that is subject 26 to confidentiality agreements between UMG and third parties. UMG further objects to 27 this request to the extent it calls for the production of privileged attorney-client 28 174 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 communications, attorney work product, or otherwise privileged or protected material 2 REQUEST FOR PRODUCTION NO. 132: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 3 Documents sufficient to identify all forms of digital music distribution offered, 4 or to be offered, by Total Music. 5 RESPONSE TO REQUEST FOR PRODUCTION NO. 132: 6 UMG incorporates by reference each of its General Objections. UMG further 7 objects that this request is overbroad, unduly burdensome, and seeks documents that 8 are neither relevant to the claims or defenses of any party nor reasonably calculated to 9 lead to the discovery of admissible evidence. UMG further objects to this request as 10 vague and ambiguous as to the phrase "all forms of digital music distribution offered." 11 UMG further objects to the extent that this request seeks documents that are not in 12 UMG's possession, custody or control. UMG further objects to the extent that this 13 request calls for information that is subject to confidentiality agreements between 14 UMG and third parties. 15 REQUEST FOR PRODUCTION NO. 133: 16 All documents, including but not limited to all of your internal and external 17 communications, "communication guidelines," emails, and memoranda evidencing, 18 referring or relating to Total Music. 19 RESPONSE TO REQUEST FOR PRODUCTION NO. 133: 20 UMG incorporates by reference each of its General Objections. UMG further 21 objects that this request is overbroad, unduly burdensome, and seeks documents that 22 are neither relevant to the claims or defenses of any party nor reasonably calculated to 23 lead to the discovery of admissible evidence. UMG further objects to this request to 24 the extent it requests documents that are not in UMG's possession, custody, or control. 25 UMG further objects to this request to the extent it calls for the production of 26 privileged attorney-client communications, attorney work product, or otherwise 27 privileged or protected material. UMG further objects to the extent that this request 28 175 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 calls for information that is subject to confidentiality agreements between UMG and 2 third parties. UMG further objects to this request on the grounds that the phrase 3 "evidencing, referring or relating to" is vague and ambiguous. 4 REQUEST FOR PRODUCTION NO. 134: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 5 Documents sufficient to identify the organizational and/or management 6 structure of Total Music, including but not limited to documents identifying all 7 potential candidates for all management and operational functions of Total Music. 8 RESPONSE TO REQUEST FOR PRODUCTION NO 134: 9 UMG incorporates by reference each of its General Objections. UMG further 10 objects that this request is overbroad, unduly burdensome, and seeks documents that 11 are neither relevant to the claims or defenses of any party nor reasonably calculated to 12 lead to the discovery of admissible evidence. UMG further objects to this request to 13 the extent it requests documents that are not in UMG's possession, custody, or control. 14 UMG further objects to the extent that this request calls for information that is subject 15 to confidentiality agreements between UMG and third parties. 16 REQUEST FOR PRODUCTION NO. 135: 17 All documents, including but not limited to all documents constituting, 18 referring, or relating to all proposals, including but not limited to licensing proposals, 19 negotiations and agreements, between you and any person, regarding Pressplay. 20 RESPONSE TO REQUEST FOR PRODUCTION NO. 135: 21 UMG incorporates by reference each of its General Objections. UMG further 22 objects that this request is overbroad, unduly burdensome, and seeks documents that 23 are neither relevant to the claims or defenses of any party nor reasonably calculated to 24 lead to the discovery of admissible evidence. UMG further objects to this request to 25 the extent it requests documents that are not in UMG's possession, custody, or control. 26 UMG further objects to the extent that this request calls for information that is subject 27 to confidentiality agreements between UMG and third parties. 28 176 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 333 South Grand Avenue Los Angeles, CA 90071-1543 All documents, including but not limited to letters of inquiry, between the DOJ 3 and you, referring or relating to Pressplay. 4 RESPONSE TO REQUEST FOR PRODUCTION NO. 136: 5 Winston & Strawn LLP REQUEST FOR PRODUCTION NO. 136: UMG incorporates by reference each of its General Objections. UMG further 6 objects that this request seeks information that is not relevant to the claims or defenses 7 of any party and is not reasonably calculated to lead to the discovery of admissible 8 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 9 further objects to the extent that this request calls for information that is subject to 10 confidentiality agreements between UMG and third parties. 11 REQUEST FOR PRODUCTION NO, 137: 12 All documents referring or relating to Pressplay, including but not limited to 13 any and all business and strategic plans, and financial and performance forecasts. 14 RESPONSE TO REQUEST FOR PRODUCTION NO. 137: 15 UMG incorporates by reference each of its General Objections. UMG further 16 objects that this request is overbroad, unduly burdensome, and seeks documents that 17 are neither relevant to the claims or defenses of any party nor reasonably calculated to 18 lead to the discovery of admissible evidence. UMG further objects to this request to 19 the extent it requests documents that are not in UMG's possession, custody, or control. 20 UMG further objects to this request to the extent it calls for the production of 21 privileged attorney-client communications, attorney work product, or otherwise 22 privileged or protected material. UMG further objects to the extent that this request 23 calls for information that is subject to confidentiality agreements between UMG and 24 third parties. 25 REQUEST FOR PRODUCTION NO. 138: 26 All documents, including but not limited to all internal communications, 27 "communication guidelines," emails, and memoranda evidencing, referring or relating 28 177 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 to Pressplay. 2 RESPONSE TO REQUEST FOR PRODUCTION NO 138: 3 UMG incorporates by reference each of its General Objections. UMG further 4 objects that this request is overbroad, unduly burdensome, and seeks documents that 5 are neither relevant to the claims or defenses of any party nor reasonably calculated to 6 lead to the discovery of admissible evidence. UMG further objects to this request to 7 the extent it requests documents that are not in UMG's possession, custody, or control. 8 UMG further objects to this request to the extent it calls for the production of 9 privileged attorney-client communications, attorney work product, or otherwise 10 privileged or protected material. UMG further objects to the extent that this request 11 calls for information that is subject to confidentiality agreements between UMG and 12 third parties. UMG further objects to this request on the grounds that the phrase 13 "evidencing, referring or relating to" is vague and ambiguous. 14 REQUEST FOR PRODUCTION NO. 139: 15 All documents evidencing, referring or relating to license agreements between 16 you and any person, containing MFN clauses. 17 RESPONSE TO REQUEST FOR PRODUCTION NO. 139: 18 UMG incorporates by reference each of its General Objections. UMG further 19 objects that this request is overbroad, unduly burdensome, and seeks documents that 20 are neither relevant to the claims or defenses of any party nor reasonably calculated to 21 lead to the discovery of admissible evidence. UMG further objects to this request to 22 the extent it requests documents that are not in UMG's possession, custody or control. 23 UMG further objects to the extent that this request calls for information that is subject 24 to confidentiality agreements between UMG and third parties. UMG further objects to 25 this request to the extent it calls for the production of privileged attorney-client 26 communications, attorney work product, or otherwise privileged or protected material. 27 UMG further objects to this request to the extent it seeks a legal conclusion. UMG 28 178 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 further objects to this request on the grounds that the phrase "evidencing, referring or 2 relating to" is vague and ambiguous. 3 REQUEST FOR PRODUCTION NO. 140¬ 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 4 All documents evidencing, referring, or relating to any business and/or strategic 5 analyses performed in connection with your decision to include MFN clauses in your 6 license agreements. 7 RESPONSE TO REQUEST FOR PRODUCTION NO. 140: 8 UMG incorporates by reference each of its General Objections. UMG 9 incorporates by reference each of its General Objections. UMG further objects that 10 this request is overbroad, unduly burdensome, and seeks documents that are neither 11 relevant to the claims or defenses of any party nor reasonably calculated to lead to the 12 discovery of admissible evidence. UMG further objects to this request to the extent it 13 requests documents that are not in UMG's possession, custody or control. 14 UMG further objects to the extent that this request calls for information that is 15 subject to confidentiality agreements between UMG and third parties. 16 REQUEST FOR PRODUCTION NO. 141: 17 All documents, including all documents evidencing, referring or relating to, all 18 proposals, negotiations and agreements (including but not limited to license 19 agreements), between you and any person, referring or relating to works owned or 20 controlled by you. 21 RESPONSE TO REQUEST FOR PRODUCTION NO. 141: 22 UMG incorporates by reference each of its General Objections. UMG further 23 objects that this request is overbroad, unduly burdensome, and seeks documents that 24 are neither relevant to the claims or defenses of any party nor reasonably calculated to 25 lead to the discovery of admissible evidence. UMG further objects to this request to 26 the extent it requests documents that are not in UMG`s possession, custody, or 27 control, UMG further objects to the extent that this request calls for information that is 28 179 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 subject to confidentiality agreements between UMG and third parties. UMG further 2 objects to this request on the grounds that the phrase "evidencing, referring or relating 3 to" is vague and ambiguous. 4 5 executed license agreements for music streaming and downloading services after entry 6 by the Court of an appropriate protective order and subject to UMG's obligations 7 under the confidentiality restrictions in those agreements. 8 REQUEST FOR PRODUCTION NO. 142: 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce All documents constituting, referring, or relating to any business analyses, 10 including analyses regarding sales and profitability, conducted by or for you in 11 connection with all agreements between you and all licensees of works owned or 12 controlled by you. 13 RESPONSE TO REQUEST FOR PRODUCTION NO. 142: 14 UMG incorporates by reference each of its General Objections. UMG 15 incorporates by reference each of its General Objections. UMG further objects to this 16 request on the grounds that it is overbroad and unduly burdensome. UMG further 17 objects to the extent that this request seeks information that is not relevant to the 18 claims or defenses of any party and is not reasonably calculated to lead to the 19 discovery of admissible evidence. UMG further objects to this request as vague and 20 ambiguous as to the terms "business analyses" and "documents constituting, referring 21 or relating to any business analyses." UMG further objects to the extent that this 22 request seeks documents that are not in UMG's possession, custody or control. UMG 23 further objects to the extent that this request calls for information 12 that is subject to 24 confidentiality agreements between UMG and third parties. 25 REQUEST FOR PRODUCTION NO. 143: 26 27 28 All documents referring or relating to your decision to make the copyrighted sound recordings available to the public without digital rights management protection. 180 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 RESPONSE TO REQUEST FOR PRODUCTION NO. 143: UMG incorporates by reference each of its General Objections. UMG further 3 objects that this request seeks information that is not relevant to the claims or defenses 4 of any party and is not reasonably calculated to lead to the discovery of admissible 5 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 6 further objects to this request on the grounds that it is premature insofar as UMG has 7 not yet been able to identify all of "the copyrighted sound recordings" for which UMG 8 alleges infringement in this action as the information to do so is possessed by Veoh 9 and not UMG. As a result, the nonprivileged documents UMG produces in response to 10 this request, if any, should not be construed as a representation by UMG that the 11 works referred to in such documents constitutes a complete list of UMG's copyrighted 12 works that have appeared on Veoh or as a representation that further factual 13 investigation and discovery will not reveal more of UMG's copyrighted works that 14 have appeared on Veoh. UMG further objects to this request as vague and ambiguous 15 as to the terms "digital rights management protection" and "make the copyrighted 16 sound recordings available to the public." 17 REQUEST FOR PRODUCTION NO. 144: 18 All documents referring or relating to your decision to make works containing 19 the copyrighted musical compositions available to the public without digital rights 20 management protection. 21 RESPONSE TO REQUEST FOR PRODUCTION NO. 144: 22 UMG incorporates by reference each of its General Objections. UMG further 23 objects that this request seeks information that is not relevant to the claims or defenses 24 of any parry and is not reasonably calculated to lead to the discovery of admissible 25 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 26 further objects to this request on the grounds that it is premature insofar as UMG has 27 not yet been able to identify all of "the copyrighted musical compositions" for which 28 181 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 UMG alleges infringement in this action as the information to do so is possessed by 2 Veoh and not UMG. As a result, the nonprivileged documents UMG produces in 3 response to this request, if any, should not be construed as a representation by UMG 4 that the works referred to in such documents constitutes a complete list of UMG's 5 copyrighted works that have appeared on Veoh or as a representation that further 6 factual investigation and discovery will not reveal more of UMG's copyrighted works 7 that have appeared on Veoh. UMG further objects to this request as vague and 8 ambiguous as to the terms "digital rights management protection" and "make works 9 containing the copyrighted musical compositions available to the public." 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 11 REQUEST FOR PRODUCTION NO. 145: All documents, including all documents constituting, referring, or relating to all 12 proposals, negotiations and agreements, between you and Sony Music, of works 13 owned or controlled by you. 14 RESPONSE TO REQUEST FOR PRODUCTION NO. 145: 15 UMG incorporates by reference each of its General Objections. UMG further 16 objects that this request is vague, ambiguous and incomprehensible, and appears to 17 request documents that are not in UMG's possession, custody or control. UMG further 18 objects that this request seeks information that is not relevant to the claims or defenses 19 of any parry and is not reasonably calculated to lead to the discovery of admissible 20 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 21 further objects to this request to the extent it calls for the production of privileged 22 attorney-client communications, attorney work product, or otherwise privileged or 23 protected material. 24 REQUEST FOR PRODUCTION NO. 146: 25 All documents concerning positions Plaintiffs have taken or have held with 26 respect to the liability of their parent corporations), if any, for the acts of Plaintiffs or 27 any other direct or indirect subsidiary. 28 182 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 RESPONSE TO REQUEST FOR PRODUCTION NO 146: UMG incorporates by reference each of its General Objections. UMG further 3 objects that this request seeks information that is not relevant to the claims or defenses 4 of any party and is not reasonably calculated to lead to the discovery of admissible 5 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 6 further objects to this request as vague and ambiguous as to what constitutes 7 documents "concerning" "positions Plaintiffs have taken or held." UMG further 8 objects to the extent that this request seeks documents that are not in UMG's 9 possession, custody or control. UMG further objects to this request to the extent it 10 calls for the production of privileged attorney-client communications, attorney work 11 product, or otherwise privileged or protected material. UMG further objects to the 12 extent that this request calls for a legal conclusion. 13 REQUEST FOR PRODUCTION NO. 147: 14 All documents concerning positions Plaintiffs have taken or have held with 15 respect to their own liability for the acts of Plaintiffs' direct or indirect subsidiaries. 16 RESPONSE TO REQUEST FOR PRODUCTION NO 147: 17 UMG incorporates by reference each of its General Objections. UMG further 18 objects that this request seeks information that is not relevant to the claims or defenses 19 of any party and is not reasonably calculated to lead to the discovery of admissible 20 evidence. The request is therefore overbroad and unduly burdensome as well. UMG 21 further objects to this request as vague and ambiguous as to what constitutes 22 documents "concerning" "positions Plaintiffs have taken or held." UMG further 23 objects to the extent that this request seeks documents that are not in UMG's 24 possession, custody or control. UMG further objects to this request to the extent it 25 calls for the production of privileged attorney-client communications, attorney work 26 product, or otherwise privileged or protected material. UMG further objects to the 27 extent that this request calls for a legal conclusion. 28 183 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 333 South Grand Avenue Los Angeles, CA 90071-1543 All documents, including written or recorded speeches, press releases, press 3 statements, and transcriptions and videos concerning any public statements you have 4 made about Veoh, veoh.com, infringement, piracy, anti-piracy, content protection, 5 and/or this action or any related action. 6 RESPONSE TO REQUEST FOR PRODUCTION NO. 151: 7 Winston & Strawn LLP REQUEST FOR PRODUCTION NO. 151: UMG incorporates by reference each of its General Objections. UMG objects 8 that this request is overbroad, unduly burdensome, and seeks documents that are 9 neither relevant to the claims or defenses of any party nor reasonably calculated to 10 lead to the discovery of admissible evidence. In particular, UMG objects to the extent 11 this request seeks "All documents ... concerning ... veoh.com, infringement, piracy, 12 anti-piracy, content protection, and/or this action or any related action." UMG further 13 objects that the request seeks information that is already in Veoh's possession, custody 14 or control, or reasonably available to Veoh. UMG further objects that this request is 15 vague and ambiguous as to "related action." UMG objects that this request seeks 16 documents that are not in UMG's possession, custody, or control. 17 Subject to and without waiving the foregoing objections, UMG will produce 18 non-privileged responsive documents, if any, to the extent identified by a search of the 19 files of specific employees and executives that UMG will identify utilizing specific 20 search terms that UMG will identify. 21 REQUEST FOR PRODUCTION NO. 152: 22 All documents concerning any public statements you have made about any 23 video streaming website or about video streaming websites generally. 24 RESPONSE TO REQUEST FOR PRODUCTION NO. 152: 25 UMG incorporates by reference each of its General Objections. UMG objects 26 that this request is vague and ambiguous, overbroad, unduly burdensome, and that it 27 seeks documents that are neither relevant to the claims or defenses of any party nor 28 184 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 reasonably calculated to lead to the discovery of admissible evidence. UMG further 2 objects that this request asks for documents that are not in UMG's possession, custody 3 or control, and requests documents that are already in Veoh's possession, custody or 4 control, or reasonably available to Veoh. UMG objects to this request as vague and 5 ambiguous and/or overbroad and unduly burdensome with respect to its use of the 6 term "video streaming website." 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 7 Subject to and without waiving the foregoing objections, UMG will produce 8 non-privileged responsive documents, if any, to the extent identified by a search of the 9 files of specific employees and executives that UMG will identify utilizing specific 10 search terms that UMG will identify. 11 REQUEST FOR PRODUCTION NO. 153: 12 All documents between you and any person (including but not limited to, any 13 artist, music publisher, record label, social networking website, video streaming 14 website or member of the press) concerning any video streaming website or 15 concerning video streaming websites generally. 16 RESPONSE TO REQUEST FOR PRODUCTION NO. 153: 17 UMG incorporates by reference each of its General Objections. UMG objects 18 that this request is overbroad, unduly burdensome, and that it seeks documents that are 19 neither relevant to the claims or defenses of any party nor reasonably calculated to 20 lead to the discovery of admissible evidence. UMG objects that this request is vague, 21 ambiguous and/or unintelligible as to the term "documents between you and any 22 person" and "video streaming website." UMG further objects to this request to the 23 extent it calls for the production of privileged attorney-client communications, 24 attorney work product, or otherwise privileged or protected material. 25 REQUEST FOR PRODUCTION NO. 157: 26 27 28 All documents between you and Veoh prior to the commencement of this litigation in which you stated or otherwise gave notice to Veoh that you objected to 185 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 the availability, exploitation or inclusion of any work owned or controlled by you on 2 veoh.com. 3 RESPONSE TO REQUEST FOR PRODUCTION NO. 157: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 4 UMG incorporates by reference each of its General Objections. UMG objects 5 that this request is overbroad, unduly burdensome, and that it seeks documents that are 6 neither relevant to the claims or defenses of any party nor reasonably calculated to 7 lead to the discovery of admissible evidence. UMG further objects on the grounds that 8 the documents requested are already within Veoh's possession, custody, and control, 9 and are therefore equally or more readily available to Veoh than to UMG. UMG 10 objects to this request on the grounds that it is vague and ambiguous as to the term 11 "documents between you and Veoh." 12 Subject to and without waiving the foregoing objections, UMG will produce 13 non-privileged responsive documents, if any, to the extent identified by a search of the 14 files of specific employees and executives that UMG will identify utilizing specific 15 search terms that UMG will identify. 16 REQUEST FOR PRODUCTION NO. 158: 17 All documents concerning DMCA Notices, including but not limited to all 18 drafts of the notices, to any person(s) (other than Veoh), including but not limited to 19 documents regarding the decision to submit said DMCA Notifications generally or in 20 a particular instance. 21 RESPONSE TO REQUEST FOR PRODUCTION NO 158: 22 UMG incorporates by reference each of its General Objections. UMG further 23 objects that the terms "DMCA Notices" and "DMCA Notifications" are vague and 24 ambiguous, and that they call for a legal conclusion. UMG further objects that the 25 request is overbroad, unduly burdensome, and that it seeks documents that are neither 26 relevant to the claims or defenses of any party nor reasonably calculated to lead to the 27 discovery of admissible evidence. UMG further objects to this request as vague and 28 186 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 ambiguous as to what constitutes documents "concerning DMCA Notices." UMG 2 further objects to the extent that this request seeks documents that are not in UMG's 3 possession, custody or control. UMG further objects to this request to the extent it 4 calls for the production of privileged attorney-client communications, attorney work 5 product, or otherwise privileged or protected material. 6 REQUEST FOR PRODUCTION NO. 159: 7 8 regarding works owned or controlled by you that were available on Veoh. 9 RESPONSE TO REQUEST FOR PRODUCTION NO. 159: 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP All documents concerning your decision not to submit a DMCA Notice to Veoh UMG incorporates by reference each of its General Objections. UMG further 11 objects that the request is overbroad, unduly burdensome, and that it seeks documents 12 that are neither relevant to the claims or defenses of any party nor reasonably 13 calculated to lead to the discovery of admissible evidence. UMG further objects to this 14 request to the extent it assumes or implies that UMG is in any sense obligated to send 15 notices of copyright infringement to Veoh. UMG further objects to this request as 16 vague and ambiguous as to what constitutes documents "concerning" UMG's decision. 17 UMG further objects to the extent that this request seeks documents that are not in 18 UMG's possession, custody; or control. UMG further objects that the term "DMCA 19 Notices" is vague and ambiguous, and that it calls for a legal conclusion. UMG further 20 objects to this request to the extent it calls for the production of privileged attorney- 21 client communications, attorney work product, or otherwise privileged or protected 22 material. 23 Subject to and without waiving the foregoing objections, UMG will produce 24 non-privileged responsive documents, if any, to the extent identified by a search of the 25 files of specific employees and executives that UMG will identify utilizing specific 26 search terms that UMG will identify. 27 28 187 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 333 South Grand Avenue Los Angeles, CA 90071-1543 All documents concerning the benefit or value to Plaintiffs of having works 3 owned or controlled by you available, exploited or included, on any website, including 4 any video streaming website. 5 RESPONSE TO REQUEST FOR PRODUCTION NO. 161: 6 Winston & Strawn LLP REQUEST FOR PRODUCTION NO. 161: UMG incorporates by reference each of its General Objections. UMG also 7 objects that the request for "documents concerning the benefit or value" of posting 8 works controlled by UMG is vague and ambiguous. UMG further objects to the extent 9 that this request seeks documents that are not in UMG's possession, custody or 10 control. UMG further objects that the request is overbroad, unduly burdensome, and 11 that it seeks documents that are neither relevant to the claims or defenses of any party 12 nor reasonably calculated to lead to the discovery of admissible evidence. 13 REQUEST FOR PRODUCTION NO. 162: 14 All documents concerning the benefit or value to any artist of having the artist's 15 works exploited or included, on any video streaming website. 16 RESPONSE TO REQUEST FOR PRODUCTION NO. 162: 17 UMG incorporates by reference each of its General Objections. UMG further 18 objects that the request is overbroad, unduly burdensome, and that it seeks documents 19 that are neither relevant to the claims or defenses of any parry nor reasonably 20 calculated to lead to the discovery of admissible evidence in that, among other things, 21 "artists," as that term is defined by Veoh, may not be the owners of the copyrights at 22 issue in this case. UMG also objects that the request for "documents concerning the 23 benefit or value" is vague and ambiguous. UMG further objects to the extent that this 24 request seeks documents that are not in UMG's possession, custody or control. 25 REQUEST FOR PRODUCTION NO. 163: 26 All documents concerning market research about veoh.com. 27 28 188 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 objects that the request is vague and ambiguous, overbroad, unduly burdensome, and 4 that it seeks documents that are neither relevant to the claims or defenses of any parry 5 nor reasonably calculated to lead to the discovery of admissible evidence. UMG 6 objects to this request on the grounds that the term "market research" is vague, 7 ambiguous, and/or overbroad and unduly burdensome. 9 333 South Grand Avenue Los Angeles, CA 90071-1543 UMG incorporates by reference each of its General Objections. UMG further 3 8 Winston & Strawn LLP RESPONSE TO REQUEST FOR PRODUCTION NO. 163: Subject to and without waiving the foregoing objections, UMG will produce non-privileged responsive documents, if any, to the extent identified by a search of the 10 files of specific employees and executives that UMG will identify utilizing specific 11 search terms that UMG will identify. 12 REQUEST FOR PRODUCTION NO. 164: 13 All documents concerning your actual or proposed efforts to promote your 14 business, artists, and works, including the copyrighted sound recordings and 15 copyrighted musical compositions, on veoh.com or any other internet site including 16 video streaming websites or file sharing websites. 17 RESPONSE TO REQUEST FOR PRODUCTION NO 164: 18 UMG incorporates by reference each of its General Objections. UMG further 19 objects that the request is overbroad, unduly burdensome, and that it seeks documents 20 that are neither relevant to the claims or defenses of any party nor reasonably 21 calculated to lead to the discovery of admissible evidence. UMG objects to this 22 request on the grounds that the terms "promote," "video streaming websites," and "file 23 sharing websites," are vague and ambiguous. 24 REQUEST FOR PRODUCTION NO. 165: 25 26 All documents concerning your revenues and/or profits derived by your exploitation, sale, or licensing of music videos. 27 28 189 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 objects that the request is overbroad, unduly burdensome, and that it seeks documents 4 that are neither relevant to the claims or defenses of any party nor reasonably 5 calculated to lead to the discovery of admissible evidence, in that, among other things, 6 it is not limited as to time or scope. 7 REQUEST FOR PRODUCTION NO. 166: 9 10 333 South Grand Avenue Los Angeles, CA 90071-1543 UMG incorporates by reference each of its General Objections. UMG further 3 8 Winston & Strawn LLP RESPONSE TO REQUEST FOR PRODUCTION NO 165: 11 All documents concerning the fee you charge per digital download of licensed copyrighted material on websites selling digital media downloads. RESPONSE TO REQUEST FOR PRODUCTION NO. 166: UMG incorporates by reference each of its General Objections. UMG further 12 objects that the request is vague and ambiguous, overbroad, unduly burdensome, and 13 that it seeks documents that are neither relevant to the claims or defenses of any party 14 nor reasonably calculated to lead to the discovery of admissible evidence. 15 Subject to and without waiving the foregoing objections, UMG will produce 16 executed license agreements for music streaming and downloading services after entry 17 by the Court of an appropriate protective order and subject to UMG`s obligations 18 under the confidentiality restrictions in those agreements. 19 REQUEST FOR PRODUCTION NO. 167: 20 Documents sufficient to show your revenues generated from copyrighted sound 21 recordings and copyrighted musical compositions that you uploaded to veoh.com. 22 RESPONSE TO REQUEST FOR PRODUCTION NO. 167: 23 UMG incorporates by reference each of its General Objections. UMG further 24 objects that the request is vague and ambiguous, overbroad, unduly burdensome, and 25 that it seeks documents that are neither relevant to the claims or defenses of any party 26 nor reasonably calculated to lead to the discovery of admissible evidence. UMG 27 further objects to this request as vague, ambiguous, unintelligible, and/or 28 190 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 argumentative to the extent it suggests that UMG posts its works to Veoh, authorizes 2 its works to be posted to Veoh, or receives revenue from the uploading of its 3 copyrighted works to Veoh. 4 REQUEST FOR PRODUCTION NO. 168: 5 6 recordings and copyrighted musical compositions that you did not upload to 7 veoh.com. 8 RESPONSE TO REQUEST FOR PRODUCTION NO. 168: 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP Documents sufficient to show the revenues generated from copyrighted sound UMG incorporates by reference each of its General Objections. UMG further 10 objects that the request is overbroad, unduly burdensome, and that it seeks documents 11 that are neither relevant to the claims or defenses of any party nor reasonably 12 calculated to lead to the discovery of admissible evidence. UMG further objects to the 13 extent that this request calls for information that is subject to confidentiality 14 agreements between UMG and third parties. 15 REQUEST FOR PRODUCTION NO. 172: 16 All documents concerning any agreements, formal or informal, that you have 17 entered into, proposed, considered or negotiated concerning any website, including 18 but not limited to YouTube.com and Bolt.com. 19 RESPONSE TO REQUEST FOR PRODUCTION NO. 172: 20 UMG incorporates by reference each of its General Objections. UMG further 21 objects that the request is vague and ambiguous, overbroad, unduly burdensome, and 22 that it seeks documents that are neither relevant to the claims or defenses of any party 23 nor reasonably calculated to lead to the discovery of admissible evidence. UMG 24 further objects to this request as vague and ambiguous as to what constitutes 25 documents "concerning" any agreements. UMG further objects to the extent that this 26 request seeks documents that are not in UMG's possession, custody or control. 27 28 UMG further objects to the extent that this request calls for information that is 191 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 333 South Grand Avenue Los Angeles, CA 90071-1543 Subject to and without waiving the foregoing objections, UMG will produce 3 executed license agreements for music streaming and downloading services after entry 4 by the Court of an appropriate protective order and subject to UMG's obligations 5 under the confidentiality restrictions in those agreements. 6 REQUEST FOR PRODUCTION NO. 175: 7 Winston & Strawn LLP subject to confidentiality agreements between UMG and third parties. All documents concerning your efforts to identify, monitor, or block content on 8 any website, including but not limited to veoh.com, for the presence of copyrighted 9 works owned or controlled by you, including but not limited to your efforts through 10 the use of a third party vendor. 11 RESPONSE TO REQUEST FOR PRODUCTION NO. 175: 12 UMG incorporates by reference each of its General Objections. UMG objects 13 that this request is overbroad, unduly burdensome, and seeks documents that are 14 neither relevant to the claims or defenses of any party nor reasonably calculated to 15 lead to the discovery of admissible evidence. Moreover, UMG objects to this request 16 on the grounds that the phrase "identify, monitor, or block content .. for the presence 17 of copyrighted works" is vague and ambiguous and/or is unintelligible. UMG further 18 objects to this request as vague and ambiguous as to what constitutes "documents 19 "concerning" UMG's efforts. UMG further objects to the extent that this request seeks 20 documents that are not in UMG's possession, custody or control. UMG further objects 21 to this request to the extent it calls for the production of privileged attorney-client 22 communications, attorney work product, or otherwise privileged or protected material. 23 REQUEST FOR PRODUCTION NO. 176: 24 All documents concerning your efforts to identify, monitor, or block content on 25 any peer-to-peer network for the presence of copyrighted works owned or controlled 26 by you, including but not limited to your efforts through the use of a third party 27 vendor. 28 192 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 RESPONSE TO REQUEST FOR PRODUCTION NO. 176: UMG incorporates by reference each of its General Objections. UMG objects 3 that this request is overbroad, unduly burdensome, and seeks documents that are 4 neither relevant to the claims or defenses of any party nor reasonably calculated to 5 lead to the discovery of admissible evidence. Moreover, UMG objects to this request 6 on the grounds that the terms "identify, monitor, or block content ... for the presence 7 of copyrighted works" and "peer-to-peer network" are vague and ambiguous and/or is 8 unintelligible. UMG further objects to this request as vague and ambiguous as to what 9 constitutes documents "concerning" UMG's efforts. UMG further objects to the extent 10 that this request seeks documents that are not in UMG's possession, custody or 11 control. 12 REQUEST FOR PRODUCTION NO. 177: 13 All documents with artists, including with artists' agents or representatives, 14 pertaining to attempts by Plaintiffs to block or remove works that were posted, 15 reproduced, distributed, performed, displayed or adapted online or in digital media 16 with the implicit or explicit authorization of artists or their representatives. For 17 purposes of this Request, "attempt by Plaintiffs to remove" includes the use of DMCA 18 Notices, cease and desist letters, communications with a hosting site, or otherwise, and 19 "attempts by Plaintiffs to block" includes the inclusion of data (including, but not 20 limited to digital fingerprint files) in a database that provides electronic media 21 identification, content recognition, and/or copyright management services, including 22 but not limited to, Audible Magic. 23 RESPONSE TO REQUEST FOR PRODUCTION NO. 177: 24 UMG incorporates by reference each of its General Objections. UMG objects 25 that this request is overbroad, unduly burdensome, and seeks documents that are 26 neither relevant to the claims or defenses of any party nor reasonably calculated to 27 lead to the discovery of admissible evidence in that, among other things, "artists;" as 28 193 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 that term is defined by Veoh, may not be the owners of the copyrights at issue in this 2 case. UMG further objects that the term "DMCA Notices" is vague and ambiguous, 3 and that it calls for a legal conclusion. UMG objects that the term "documents with 4 artists" is vague, ambiguous, and/or unintelligible and that this request as a whole is 5 vague, ambiguous, and/or unintelligible. 6 REQUEST FOR PRODUCTION NO. 178: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 7 All documents pertaining to the rights of artists, including but not limited to, 8 documents that grant, deny, reflect, or relate to permission to artists, to upload or IS 9 approve the uploading of, or otherwise not object to the uploading of, copyrighted 10 works owned or controlled by you online or to otherwise allow or authorize their 11 copyrighted works to be included in user-generated videos or to be reproduced, 12 distributed, performed, displayed, posted, or adapted online or in digital media. 13 RESPONSE TO REQUEST FOR PRODUCTION NO. 178: 14 UMG incorporates by reference each of its General Objections. UMG objects 15 that this request is overbroad, unduly burdensome, and seeks documents that are 16 neither relevant to the claims or defenses of any party nor reasonably calculated to 17 lead to the discovery of admissible evidence, in that, among other things, this request 18 seeks "All documents pertaining to the rights of artists." UMG objects that this request 19 calls for a legal conclusion. UMG objects to the term "user-generated videos," 20 "copyrighted works owned or controlled by you online," and "digital media" are 21 vague, ambiguous, unintelligible, and/or overbroad and unduly burdensome and that 22 this request as a whole is vague, ambiguous, and/or unintelligible. 23 REQUEST FOR PRODUCTION NO. 182: 24 All documents constituting or memorializing the terms of Plaintiffs' settlement 25 of the action in the Central District of California entitled UMG Recordings, Inc. et al, 26 v. Bolt, Inc. et al., Case No. CV 06-06577. 27 28 194 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 RESPONSE TO REQUEST FOR PRODUCTION NO. 182: 2 3 that this request is overbroad, unduly burdensome, and seeks documents that are 4 neither relevant to the claims or defenses of any party nor reasonably calculated to 5 lead to the discovery of admissible evidence. 6 Subject to and without waiving the foregoing objections, UMG responds that 7 UMG Recordings, Inc., et al, v. Bolt, Inc. et al., Case No. CV 06-06577 is an active 8 case. 9 REQUEST FOR PRODUCTION NO. 183: 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP UMG incorporates by reference each of its General Objections. UMG objects All documents between you and any administrative agency, including but not 11 limited to the Copyright Royalty Board, pertaining to license fees and copyright 12 royalties related to the online distribution or digital public performance of sound 13 recordings of any copyrighted work for which you claim or intend to claim copyright 14 infringement. 15 RESPONSE TO REQUEST FOR PRODUCTION NO. 183: 16 UMG incorporates by reference each of its General Objections. UMG objects 17 that this request is overbroad, unduly burdensome, and seeks documents that are 18 neither relevant to the claims or defenses of any party nor reasonably calculated to 19 lead to the discovery of admissible evidence. UMG further objects to this request on 20 the grounds that it is premature insofar as UMG has not yet been able to identify all of 21 the specific works for which UMG alleges infringement in this action as the 22 information to do so is possessed by Veoh and not UMG. As a result, the 23 nonprivileged documents UMG produces in response to this request, if any, should 24 not be construed as a representation by UMG that the works referred to in such 25 documents constitutes a complete list of UMG's copyrighted works that have appeared 26 on Veoh or as a representation that further factual investigation and discovery will not 27 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 28 195 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 objects to the terms "administrative agency" and "documents between you and any 2 administrative agency" as vague and ambiguous. 3 REQUEST FOR PRODUCTION NO. 184: 4 All documents between you and SoundExchange, Inc. pertaining to license fees 5 and copyright royalties related to the online distribution or digital public performance 6 of sound recordings, including but not limited to, communications and documents 7 provided to SoundExchange in connection with the case In the Matter of Digital 8 Performance Right in Sound Recordings and Ephemeral Recordings, Docket No. 205- 9 1 CRB DTRA. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 11 RESPONSE TO REQUEST FOR PRODUCTION NO. 184: UMG incorporates by reference each of its General Objections. UMG objects 12 that this request is overbroad, unduly burdensome, and seeks documents that are 13 neither relevant to the claims or defenses of any party nor reasonably calculated to 14 lead to the discovery of admissible evidence. UMG further objects to the phrase 15 "documents between you and SoundExchange, Inc." as vague and ambiguous. UMG 16 further objects to the extent that this request calls for information that is subject to 17 confidentiality agreements between UMG and third parties. 18 REQUEST FOR PRODUCTION NO. 185: 19 All documents in your possession submitted by third parties to the Copyright 20 Royalty Board in the case In the Matter of Digital Performance Right in Sound 21 Recordings and Ephemeral Recordings, Docket No. 205-1 CRB DTRA. 22 RESPONSE TO REQUEST FOR PRODUCTION NO. 185: 23 UMG incorporates by reference each of its General Objections. UMG objects 24 that this request is overbroad, unduly burdensome, and seeks documents that are 25 neither relevant to the claims or defenses of any party nor reasonably calculated to 26 lead to the discovery of admissible evidence. UMG further objects to the extent that 27 this request calls for information that is subject to confidentiality agreements between 28 196 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 UMG and third parties. 2 REQUEST FOR PRODUCTION NO. 186: 3 All documents pertaining to disbursements to artists of any proceeds you 4 received from copyright infringement litigation settlements or resulting from claims or 5 litigation of copyright infringement by you against others. 6 RESPONSE TO REQUEST FOR PRODUCTION NO. 186: 7 UMG incorporates by reference each of its General Objections. UMG further 8 objects that this request is overbroad, unduly burdensome, and seeks documents that 9 are neither relevant to the claims or defenses of any party nor reasonably calculated to 10 lead to the discovery of admissible evidence. UMG further objects that this request 11 violates the privacy rights of third parties and/or any confidentiality obligations to 12 third parties. 13 REQUEST FOR PRODUCTION NO. 187: 14 All documents, including but not limited to, budgets, financial reports, financial 15 projections and analyses, pertaining to proceeds you received and/or anticipate, 16 expect, plan, or hope to receive from copyright infringement settlements or resulting 17 from claims or litigation of copyright infringement by you against others. 18 RESPONSE TO REQUEST FOR PRODUCTION NO. 187: 19 UMG incorporates by reference each of its General Objections. UMG objects 20 that this request is overbroad, unduly burdensome, and seeks documents that are 21 neither relevant to the claims or defenses of any party nor reasonably calculated to 22 lead to the discovery of admissible evidence. UMG further objects to this request to 23 the extent it calls for the production of privileged attorney-client communications, 24 attorney work product, or otherwise privileged or protected material. 25 REQUEST FOR PRODUCTION NO. 188: 26 27 28 All public statements made by you pertaining to the impact on you, including but not limited to sales and financial impact, of online piracy and/or copyright 197 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 infringement. 2 RESPONSE TO REQUEST FOR PRODUCTION NO. 188: 3 4 that this request is overbroad, unduly burdensome, and seeks documents that are 5 neither relevant to the claims or defenses of any party nor reasonably calculated to 6 lead to the discovery of admissible evidence. UMG further objects that the request 7 seeks information that is already in Veoh's possession, custody or control, or 8 reasonably available to Veoh. 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP UMG incorporates by reference each of its General Objections. UMG objects Subject to and without waiving the foregoing objections, UMG will produce 10 non-privileged responsive documents, if any, to the extent identified by a search of the 11 files of specific employees and executives that UMG will identify utilizing specific 12 search terms that UMG will identify. 13 REQUEST FOR PRODUCTION NO. 189: 14 All documents pertaining to any public statements made by you pertaining to 15 the impact on you, including but not limited to sales and financial impact, of online 16 piracy and/or copyright infringement. 17 RESPONSE TO REQUEST FOR PRODUCTION NO. 189: 18 UMG incorporates by reference each of its General Objections. UMG objects 19 that this request is overbroad, unduly burdensome, and seeks documents that are 20 neither relevant to the claims or defenses of any party nor reasonably calculated to 21 lead to the discovery of admissible evidence. UMG further objects to this request as 22 vague and ambiguous as to what constitutes documents "pertaining to" public 23 statements. UMG further objects to the extent that this request seeks documents that 24 are not in UMG's possession, custody or control. 25 Subject to and without waiving the foregoing objections, UMG will produce 26 non-privileged responsive documents, if any, to the extent identified by a search of the 27 files of specific employees and executives that UMG will identify utilizing specific 28 198 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 search terms that UMG will identify. 2 REQUEST FOR PRODUCTION NO. 190: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 3 All documents evidencing, referring or relating to any and all financial analyses 4 you have performed or maintain relating to all artists who perform any allegedly 5 infringed work. 6 RESPONSE TO REQUEST FOR PRODUCTION NO. 190: 7 UMG incorporates by reference each of its General Objections. UMG further 8 objects that this request is overbroad, unduly burdensome, and seeks documents that 9 are neither relevant to the claims or defenses of any party nor reasonably calculated to 10 lead to the discovery of admissible evidence. The burden of production in response to 11 these requests greatly outweighs the potential relevance, if any, of the requested 12 material. Additionally, given that UMG has not definitively elected to pursue its actual 13 damages, Veoh's requests for documents relating to UMG's finances are premature. 14 UMG further objects to this request on the grounds that it is premature insofar as 15 UMG has not yet been able to identify all of the specific works for which UMG 16 alleges infringement in this action as the information to do so is possessed by Veoh 17 and not UMG. As a result, the nonprivileged documents UMG produces in response to 18 this request, if any, should not be construed as a representation by UMG that the 19 works referred to in such documents constitutes a complete list of UMG's copyrighted 20 works that have appeared on Veoh or as a representation that further factual 21 investigation and discovery will not reveal more of UMG's copyrighted works that 22 have appeared on Veoh. UMG further objects to this request on the ground that the 23 term "financial analyses," as defined by Veoh, is overbroad and unduly burdensome. 24 UMG further objects to this request on the grounds that the phrase "evidencing, 25 referring or relating to" is vague and ambiguous. 26 REQUEST FOR PRODUCTION NO. 191: 27 28 All documents evidencing, referring or relating to any and all financial analyses 199 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 you have performed or maintain regarding distribution of compact discs containing 2 any allegedly infringed work. 3 RESPONSE TO REQUEST FOR PRODUCTION NO. 191: 4 UMG incorporates by reference each of its General Objections. UMG further 5 objects that this request is overbroad, unduly burdensome, and seeks documents that 6 are neither relevant to the claims or defenses of any party nor reasonably calculated to 7 lead to the discovery of admissible evidence. The burden of production in response to 8 these requests greatly outweighs the potential relevance, if any, of the requested 9 material. Additionally, given that UMG has not definitively elected to pursue its actual 10 damages, Veoh's requests for documents relating to UMG's finances are premature. 11 UMG further objects to this request on the grounds that it is premature insofar as 12 UMG has not yet been able to identify all of the specific works for which UMG 13 alleges infringement in this action as the information to do so is possessed by Veoh 14 and not UMG. As a result, the nonprivileged documents UMG produces in response to 15 this request, if any, should not be construed as a representation by UMG that the 16 works referred to in such documents constitutes a complete list of UMG's copyrighted 17 works that have appeared on Veoh or as a representation that further factual 18 investigation and discovery will not reveal more of UMG's copyrighted works that 19 have appeared on Veoh. UMG further objects to this request on the ground that the 20 term "financial analyses," as the term is defined by Veoh, is overbroad and unduly 21 burdensome. UMG further objects to this request on the grounds that the phrase 22 "evidencing, referring or relating to" is vague and ambiguous. 23 REQUEST FOR PRODUCTION NO. 192: 24 All documents evidencing, referring or relating to any and all financial analyses 25 you have performed or maintain regarding digital downloads, distribution, or other 26 digital exploitation, either of any allegedly infringed work or of any compilation 27 containing any such allegedly infringed work. 28 200 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 RESPONSE TO REQUEST FOR PRODUCTION NO. 192: 2 UMG incorporates by reference each of its General Objections. UMG further 3 objects that this request is overbroad, unduly burdensome, and seeks documents that 4 are neither relevant to the claims or defenses of any party nor reasonably calculated to 5 lead to the discovery of admissible evidence. The burden of production in response to 6 these requests greatly outweighs the potential relevance, if any, of the requested 7 material. Additionally, given that UMG has not definitively elected to pursue its actual 8 damages, Veoh's requests for documents relating to UMG's finances are premature. 9 UMG further objects to this request on the grounds that it is premature insofar as 10 UMG has not yet been able to identify all of the specific works for which UMG 11 alleges infringement in this action as the information to do so is possessed by Veoh 12 and not UMG. As a result, the nonprivileged documents UMG produces in response to 13 this request, if any, should not be construed as a representation by UMG that the 14 works referred to in such documents constitutes a complete list of UMG's copyrighted 15 works that have appeared on Veoh or as a representation that further factual 16 investigation and discovery will not reveal more of UMG's copyrighted works that 17 have appeared on Veoh. UMG further objects to this request on the ground that the 18 term "financial analyses," as the term is defined by Veoh, is overbroad and unduly 19 burdensome. UMG further objects to this request on the grounds that the phrase 20 "evidencing, referring or relating to" is vague and ambiguous. 21 REQUEST FOR PRODUCTION NO. 193: 22 All documents evidencing, referring or relating to any and all financial analyses 23 you have performed or maintain regarding advertising or other revenues paid by any 24 third party to you or to any artist in connection with the performance of any allegedly 25 infringed work. 26 RESPONSE TO REQUEST FOR PRODUCTION NO. 193: 27 28 UMG incorporates by reference each of its General Objections. UMG further 201 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 objects that this request is overbroad, unduly burdensome, and seeks documents that 2 are neither relevant to the claims or defenses of any party nor reasonably calculated to 3 lead to the discovery of admissible evidence. The burden of production in response to 4 these requests greatly outweighs the potential relevance, if any, of the requested 5 material. Additionally, given that UMG has not definitively elected to pursue its actual 6 damages, Veoh's requests for documents relating to UMG's finances are premature. 7 UMG further objects to this request on the grounds that it is premature insofar as 8 UMG has not yet been able to identify all of the specific works for which UMG 9 alleges infringement in this action as the information to do so is possessed by Veoh 10 and not UMG. As a result, the nonprivileged documents UMG produces in response to 11 this request, if any, should not be construed as a representation by UMG that the 12 works referred to in such documents constitutes a complete list of UMG's copyrighted 13 works that have appeared on Veoh or as a representation that further factual 14 investigation and discovery will not reveal more of UMG`s copyrighted works that 15 have appeared on Veoh. UMG further objects to this request on the ground that the 16 term "financial analyses," as the term is defined by Veoh, is overbroad and unduly 17 burdensome. UMG further objects to this request on the grounds that the phrase 18 "evidencing, referring or relating to" is vague and ambiguous. 19 REQUEST FOR PRODUCTION NO. 194: 20 All documents evidencing, referring or relating to any and all financial analyses 21 you have performed or maintain regarding sales of merchandise associated with any 22 allegedly infringed work or with any artist who performs or has performed any such 23 allegedly infringed work. 24 RESPONSE TO REQUEST FOR PRODUCTION NO. 194: 25 UMG incorporates by reference each of its General Objections. UMG further 26 objects that this request is overbroad, unduly burdensome, and seeks documents that 27 are neither relevant to the claims or defenses of any party nor reasonably calculated to 28 202 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 lead to the discovery of admissible evidence. The burden of production in response to 2 these requests greatly outweighs the potential relevance, if any, of the requested 3 material. Additionally, given that UMG has not definitively elected to pursue its actual 4 damages, Veoh's requests for documents relating to UMG's finances are premature. 5 UMG further objects to this request on the grounds that it is premature insofar as 6 UMG has not yet been able to identify all of the specific works for which for which 7 UMG alleges infringement in this action as the information to do so is possessed by 8 Veoh and not UMG. As a result, the nonprivileged documents UMG produces in 9 response to this request, if any, should not be construed as a representation by UMG 10 that the works referred to in such documents constitutes a complete list of UMG's 11 copyrighted works that have appeared on Veoh or as a representation that further 12 factual investigation and discovery will not reveal more of UMG's copyrighted works 13 that have appeared on Veoh. UMG further objects to this request on the ground that 14 the terms "financial analyses," as the term is defined by Veoh, is overbroad and 15 unduly burdensome. UMG further objects to this request on the grounds that the 16 phrases "merchandise associated with any allegedly infringed work" and "evidencing, 17 referring or relating to" are vague and ambiguous. 18 REQUEST FOR PRODUCTION NO. 195 19 All documents evidencing, referring or relating to any and all financial analyses 20 you have performed or maintain regarding sales of sheet music to any allegedly 21 infringed work. 22 RESPONSE TO REQUEST FOR PRODUCTION NO. 195: 23 UMG incorporates by reference each of its General Objections. UMG further 24 objects that this request is overbroad, unduly burdensome, and seeks documents that 25 are neither relevant to the claims or defenses of any party no reasonably calculated to 26 lead to lead to the discovery of admissible evidence. The burden of production in 27 response to these requests greatly outweighs the potential relevance, if any, of the 28 203 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 requested material. Additionally, given that UMG has not definitively elected to 2 pursue its actual damages, Veoh's requests for documents relating to UMG's finances 3 are premature. UMG further objects to this request on the grounds that it is premature 4 insofar as UMG has not yet been able to identify all of the specific works for which 5 for which UMG alleges infringement in this action as the information to do so is 6 possessed by Veoh and not UMG. As a result, the nonprivileged documents UMG 7 produces in response to this request, if any, should not be construed as a 8 representation by UMG that the works referred to in such documents constitutes a 9 complete list of UMG's copyrighted works that have appeared on Veoh or as a 10 representation that further factual investigation and discovery will not reveal more of 11 UMG's copyrighted works that have appeared on Veoh. UMG further objects to this 12 request on the ground that the term "financial analyses," as the term is defined by 13 Veoh, is overbroad and unduly burdensome. UMG further objects to this request on 14 the grounds that the phrase "evidencing, referring or relating to" is vague and 15 ambiguous. 16 REQUEST FOR PRODUCTION NO. 196: 17 All documents evidencing, referring or relating to any and all financial analyses 18 you have performed or maintain regarding concert tours in which any allegedly 19 infringed work is or has been performed. 20 RESPONSE TO REQUEST FOR PRODUCTION NO. 196: 21 UMG incorporates by reference each of its General Objections. UMG further 22 objects that this request is overbroad, unduly burdensome, and seeks documents that 23 are neither relevant to the claims or defenses of any party nor reasonably calculated to 24 lead to the discovery of admissible evidence. The burden of production in response to 25 these requests greatly outweighs the potential relevance, if any, of the requested 26 material. Additionally, given that UMG has not definitively elected to pursue its actual 27 damages, Veoh's requests for documents relating to UMG's finances are premature. 28 204 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 UMG further objects to this request on the grounds that it is premature insofar as 2 UMG has not yet been able to identify all of the specific works for which for which 3 UMG alleges infringement in this action as the information to do so is possessed by 4 Veoh and not UMG. As a result, the nonprivileged documents UMG produces in 5 response to this request, if any, should not be construed as a representation by UMG 6 that the works referred to in such documents constitutes a complete list of UMG's 7 copyrighted works that have appeared on Veoh or as a representation that further 8 factual investigation and discovery will not reveal more of UMG's copyrighted works 9 that have appeared on Veoh. UMG further objects to this request on the ground that 10 the term "financial analyses," as the term is defined by Veoh, is overbroad and unduly 11 burdensome. UMG further objects to this request on the grounds that the phrase 12 "evidencing, referring or relating to" is vague and ambiguous. 13 REQUEST FOR PRODUCTION NO. 197: 14 All documents evidencing, referring or relating to any and all financial analyses 15 you have performed or maintain regarding royalties paid to you or to any artist for the 16 right to perform any allegedly infringed work on the radio. 17 RESPONSE TO REQUEST FOR PRODUCTION NO. 197: 18 UMG incorporates by reference each of its General Objections. UMG further 19 objects that this request is overbroad, unduly burdensome, and seeks documents that 20 are neither relevant to the claims or defenses of any party nor reasonably calculated to 21 lead to the discovery of admissible evidence. The burden of production in response to 22 these requests greatly outweighs the potential relevance, if any, of the requested 23 material. Additionally, given that UMG has not definitively elected to pursue its actual 24 damages, Veoh's requests for documents relating to UMG's finances are premature. 25 UMG further objects to this request on the grounds that it is premature insofar as 26 UMG has not yet been able to identify all of the specific works for which for which 27 UMG alleges infringement in this action as the information to do so is possessed by 28 205 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 Veoh and not UMG. As a result, the nonprivileged documents UMG produces in 2 response to this request, if any, should not be construed as a representation by UMG 3 that the works referred to in such documents constitutes a complete list of UMG's 4 copyrighted works that have appeared on Veoh or as a representation that further 5 factual investigation and discovery will not reveal more of UMG's copyrighted works 6 that have appeared on Veoh. UMG further objects to this request on the ground that 7 the term "financial analyses," as the term is defined by Veoh, is overbroad and unduly 8 burdensome. UMG further objects to this request on the grounds that the phrase 9 "evidencing, referring or relating to" is vague and ambiguous. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 REQUEST FOR PRODUCTION NO. 198: 11 All documents evidencing, referring or relating to any and all financial analyses 12 you have performed or maintain regarding royalties paid to you or to any artist for the 13 right to perform any allegedly infringed work on television. 14 RESPONSE TO REQUEST FOR PRODUCTION NO. 198: 15 UMG incorporates by reference each of its General Objections. UMG further 16 objects that this request is overbroad, unduly burdensome, and seeks documents that 17 are neither relevant to the claims or defenses of any party nor reasonably calculated to 18 lead to the discovery of admissible evidence. The burden of production in response to 19 these requests greatly outweighs the potential relevance, if any, of the requested 20 material. Additionally, given that UMG has not definitively elected to pursue its actual 21 damages, Veoh's requests for documents relating to UMG's finances are premature. 22 UMG further objects to this request on the grounds that it is premature insofar as 23 UMG has not yet been able to identify all of the specific works for which for which 24 UMG alleges infringement in this action as the information to do so is possessed by 25 Veoh and not UMG. As a result, the nonprivileged documents UMG produces in 26 response to this request, if any, should not be construed as a representation by UMG 27 that the works referred to in such documents constitutes a complete list of UMG's 28 206 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 copyrighted works that have appeared on Veoh or as a representation that further 2 factual investigation and discovery will not reveal more of UMG's copyrighted works 3 that have appeared on Veoh. UMG further objects to this request on the ground that 4 the term "financial analyses," as the term is defined by Veoh, is overbroad and unduly 5 burdensome. UMG further objects to this request on the grounds that the phrase 6 "evidencing, referring or relating to" is vague and ambiguous. 7 REQUEST FOR PRODUCTION NO. 199: 8 All documents evidencing, referring or relating to any and all financial analyses 9 you have performed or maintain regarding royalties paid to you or to any artist for the 10 right to perform any allegedly infringed work in video games. 11 RESPONSE TO REQUEST FOR PRODUCTION NO. 199: 12 UMG incorporates by reference each of its General Objections. UMG further 13 objects that this request is overbroad, unduly burdensome, and seeks documents that 14 are neither relevant to the claims or defenses of any party nor reasonably calculated to 15 lead to the discovery of admissible evidence. The burden of production in response to 16 these requests greatly outweighs the potential relevance, if any, of the requested 17 material. Additionally, given that UMG has not definitively elected to pursue its actual 18 damages, Veoh's requests for documents relating to UMG's finances are premature. 19 UMG further objects to this request on the grounds that it is premature insofar as 20 UMG has not yet been able to identify all of the specific works for which for which 21 UMG alleges infringement in this action as the information to do so is possessed by 22 Veoh and not UMG. As a result, the nonprivileged documents UMG produces in 23 response to this request, if any, should not be construed as a representation by UMG 24 that the works referred to in such documents constitutes a complete list of UMG`s 25 copyrighted works that have appeared on Veoh or as a representation that further 26 factual investigation and discovery will not reveal more of UMG's copyrighted works 27 that have appeared on Veoh. UMG further objects to this request on the ground that 28 207 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 the term "financial analyses," as the term is defined by Veoh, is overbroad and unduly 2 burdensome. UMG further objects to this request on the grounds that the phrase 3 "evidencing, referring or relating to" is vague and ambiguous. 4 REQUEST FOR PRODUCTION NO. 200: 5 All documents evidencing, referring or relating to any and all financial analyses 6 you have performed or maintain regarding royalties paid to you or to any artist for the 7 right to perform any allegedly infringed work in movies or films of any kind. 8 RESPONSE TO REQUEST FOR PRODUCTION NO. 200: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 9 UMG incorporates by reference each of its General Objections. UMG further 10 objects that this request is overbroad, unduly burdensome, and seeks documents that 11 are neither relevant to the claims or defenses of any party nor reasonably calculated to 12 lead to the discovery of admissible evidence. The burden of production in response to 13 these requests greatly outweighs the potential relevance, if any, of the requested 14 material. Additionally, given that UMG has not definitively elected to pursue its actual 15 damages, Veoh's requests for documents relating to UMG's finances are premature. 16 UMG further objects to this request on the grounds that it is premature insofar as 17 UMG has not yet been able to identify all of the specific works for which UMG 18 alleges infringement in this action as the information to do so is possessed by Veoh 19 and not UMG. As a result, the nonprivileged documents UMG produces in response to 20 this request, if any, should not be construed as a representation by UMG that the 21 works referred to in such documents constitutes a complete list of UMG's copyrighted 22 works that have appeared on Veoh or as a representation that further factual 23 investigation and discovery will not reveal more of UMG's copyrighted works that 24 have appeared on Veoh. UMG further objects to this request on the ground that the 25 term "financial analyses," as the term is defined by Veoh, is overbroad and unduly 26 burdensome. UMG further objects to this request on the grounds that the phrase 27 "evidencing, referring or relating to" is vague and ambiguous. 28 208 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 REQUEST FOR PRODUCTION NO. 201: All documents evidencing, referring or relating to any and all business plans or 3 marketing plans that reference or reflect efforts by you to promote any of your 4 copyrighted works or any artists under contract with you using the internet and/or any 5 internet site. 6 RESPONSE TO REQUEST FOR PRODUCTION NO. 201: 7 UMG incorporates by reference each of its General Objections. UMG further 8 objects that this request is overbroad, unduly burdensome, and seeks documents that 9 are neither relevant to the claims or defenses of any party nor reasonably calculated to 10 lead to the discovery of admissible evidence. UMG further objects to this request on 11 the grounds that the terms "reflect" and "evidencing, referring or relating to" are vague 12 and ambiguous and render the request overbroad and unduly burdensome. UMG 13 further objects to the extent that this request calls for information that is subject to 14 confidentiality agreements between UMG and third parties. 15 REQUEST FOR PRODUCTION NO. 202: 16 All documents evidencing, referring or relating to any and all business plans or 17 marketing plans that reference or reflect efforts by you to promote any of your 18 copyrighted works or any artists under contract with you using viral marketing. 19 RESPONSE TO REQUEST FOR PRODUCTION NO. 202: 20 UMG incorporates by reference each of its General Objections. UMG further 21 objects that this request is overbroad, unduly burdensome, and seeks documents that 22 are neither relevant to the claims or defenses of any party nor reasonably calculated to 23 lead to the discovery of admissible evidence. UMG further objects to this request on 24 the grounds that the terms "reflect," "viral marketing," and "evidencing, referring or 25 relating to" are vague and ambiguous and render the request overbroad and unduly 26 burdensome. 27 28 209 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 REQUEST FOR PRODUCTION NO. 210: All documents evidencing, referring or relating to video streaming licenses and 3 agreements for any and all of your copyrighted works. 4 RESPONSE TO REQUEST FOR PRODUCTION NO. 210: 5 UMG incorporates by reference each of its General Objections. UMG further 6 objects that this request is overbroad, unduly burdensome, and seeks documents that 7 are neither relevant to the claims or defenses of any party nor reasonably calculated to 8 lead to the discovery of admissible evidence. UMG further objects to this request to 9 the extent it requests documents that are not in UMG's possession, custody, or control. 10 UMG further objects to the extent that this request calls for information that is subject 11 to confidentiality agreements between UMG and third parties. UMG further objects to 12 this request on the grounds that the phrase "evidencing, referring or relating to" is 13 vague and ambiguous. 14 Subject to and without waiving the foregoing objections, UMG will produce 15 executed license agreements for music streaming and downloading services after entry 16 by the Court of an appropriate protective order and subject to UMG's obligations 17 under the confidentiality restrictions in those agreements. 18 REQUEST FOR PRODUCTION NO. 211: 19 All documents evidencing, referring or relating to digital download licenses and 20 agreements for any and all of your copyrighted works. 21 RESPONSE TO REQUEST FOR PRODUCTION NO. 211: 22 UMG incorporates by reference each of its General Objections. UMG further 23 objects that this request is overbroad, unduly burdensome, and seeks documents that 24 are neither relevant to the claims or defenses of any party nor reasonably calculated to 25 lead to the discovery of admissible evidence. UMG further objects to this request to 26 the extent it requests documents that are not in UMG's possession, custody, or control. 27 UMG further objects to the extent that this request calls for information that is subject 28 210 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 to confidentiality agreements between UMG and third parties. UMG further objects to 2 this request on the grounds that the phrase "evidencing, referring or relating to" is 3 vague and ambiguous. 4 5 executed license agreements for music streaming and downloading services after entry 6 by the Court of an appropriate protective order and subject to UMG's obligations 7 under the confidentiality restrictions in those agreements¬ 8 REQUEST FOR PRODUCTION NO. 212; 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce All documents evidencing, referring or relating to all royalty statements of any 10 kind relating to the allegedly infringed works. 11 RESPONSE TO REQUEST FOR PRODUCTION NO. 212: 12 UMG incorporates by reference each of its General Objections. UMG further 13 objects that this request is overbroad, unduly burdensome, and seeks documents that 14 are neither relevant to the claims or defenses of any party nor reasonably calculated to 15 lead to the discovery of admissible evidence. This request appears to call for an 16 unreasonably large scope of documents which would be highly burdensome to locate, 17 review, and produce, and which are of little, if any, relevance to the claims and 18 defenses in this action. UMG further objects to the extent that this request calls for 19 information that may be subject to confidentiality agreements between UMG and third 20 parties. UMG further objects to this request on the grounds that it is premature insofar 21 as UMG has not yet been able to identify all of the specific works for which for which 22 UMG alleges infringement in this action as the information to do so is possessed by 23 Veoh and not UMG. As a result, the nonprivileged documents UMG produces in 24 response to this request, if any, should not be construed as a representation by UMG 25 that the works referred to in such documents constitutes a complete list of UMG's 26 copyrighted works that have appeared on Veoh or as a representation that further 27 factual investigation and discovery will not reveal more of UMG's copyrighted works 28 211 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 that have appeared on Veoh. UMG further objects to this request on the grounds that 2 the phrase "evidencing, referring or relating to" is vague and ambiguous. 3 REQUEST FOR PRODUCTION NO. 213: 4 All documents evidencing, referring or relating to any analysis or study by you 5 or any third party acting at your direction and/or on your behalf, discussing the cause 6 or causes of any change to your profits in connection with copyrighted music and/or 7 music videos for any period within the past ten (10) years. 8 RESPONSE TO REQUEST FOR PRODUCTION NO. 213: 9 UMG incorporates by reference each of its General Objections. UMG further 10 objects that this request is overbroad, unduly burdensome, and seeks documents that 11 are neither relevant to the claims or defenses of any party nor reasonably calculated to 12 lead to the discovery of admissible evidence. Moreover, UMG objects that the phrases 13 "evidencing, referring or relating to" and "profits in connection with copyrighted 14 music and/or music videos" are vague and ambiguous and/or unintelligible. 15 Additionally, the burden of production in response to these requests greatly outweighs 16 the potential relevance, if any, of the requested material. UMG further objects to this 17 request as it appears to request documents that are not in UMG's possession, custody 18 or control. Given that UMG has not definitively elected to pursue its actual damages, 19 Veoh's requests for documents relating to UMG's profits are premature. UMG further 20 objects that this request seeks documents from a time period not relevant to this case. 21 REQUEST FOR PRODUCTION NO. 214: 22 All databases, maintained in Microsoft Access or otherwise, evidencing, 23 referring or relating to the monitoring or reviewing of content on veoh.com by you. 24 RESPONSE TO REQUEST FOR PRODUCTION NO. 214: 25 UMG incorporates by reference each of its General Objections. UMG further 26 objects that this request is overbroad, unduly burdensome, and seeks documents that 27 are neither relevant to the claims or defenses of any party nor reasonably calculated to 28 212 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 lead to the discovery of admissible evidence. UMG further objects to this request to 2 the extent it calls for the production of privileged attorney-client communications, 3 attorney work product, or otherwise privileged or protected material. UMG further 4 objects to this request as vague and ambiguous. 5 REQUEST FOR PRODUCTION NO. 216: 6 All documents evidencing, referring or relating to your policies and practices 7 for ensuring that music and music videos created by your artists do not infringe 8 the copyright of any other party. 9 RESPONSE TO REQUEST FOR PRODUCTION NO. 216: 10 UMG incorporates by reference each of its General Objections. UMG further 11 objects that this request is overbroad, unduly burdensome, and seeks documents that 12 are neither relevant to the claims or defenses of any party nor reasonably calculated to 13 lead to the discovery of admissible evidence. Any purported infringement by UMG, 14 UMG Artists, and/or UMG's actions to prevent such infringement are not the subject 15 of this litigation. UMG further objects to this request on the grounds that the phrases 16 "evidencing, referring or relating to" and "music and music videos created by your 17 artists" are vague and ambiguous. 18 REQUEST FOR PRODUCTION NO. 218: 19 All documents produced in In Re Napster, Inc. Copyright Litigation 20 multidistrict litigation, Case No. C MDL-00-1369 MHP (including UMG Recordings, 21 Inc. et al. v. Hummer Windblad Venture Partners et al., Case No. C 04-1166 MHP; 22 UMG Recordings, Inc. et al. v. Bertelsmann AG et al., Case No. C 04-1351 MHP; 23 Jerry Lieber et al. v. Bertelsmann AG et al., Case No. C 04-1671 MHP; Capitol 24 Records, Inc. et al. v. Bertelsmann AG et al., Case No. C 04-2121 MHP). 25 RESPONSE TO REQUEST FOR PRODUCTION NO 218: 26 UMG incorporates by reference each of its General Objections. UMG further 27 objects that this request is overbroad, unduly burdensome, and seeks documents that 28 213 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 are neither relevant to the claims or defenses of any party nor reasonably calculated to 2 lead to the discovery of admissible evidence. 3 REQUEST FOR PRODUCTION NO. 220: 4 5 d/b/a MySpace.com, et al., Case No. CV 06-07361. 6 RESPONSE TO REQUEST FOR PRODUCTION NO. 220: 7 333 South Grand Avenue Los Angeles, CA 90071-1543 UMG incorporates by reference each of its General Objections. UMG further 8 objects that this request seeks information that is not relevant to the claims or defenses 9 of any party and is not reasonably calculated to lead to the discovery of admissible 10 Winston & Strawn LLP All documents produced in UMG Recordings, Inc., et al. v. MySpace, Inc. 11 evidence. The request is therefore overbroad and unduly burdensome as well. Subject to and without waiving the foregoing objections, UMG will produce 12 non-privileged responsive documents, if any, to the extent identified by a search of the 13 files of specific employees and executives that UMG will identify utilizing specific 14 search terms that UMG will identify. 15 REQUEST FOR PRODUCTION NO. 221: 16 All documents produced in UMG Recordings, Inc., et al. v. Grouper Networks, 17 Inc., d/b/a Grouper.com et al., Case No. CV 06-06561. 18 RESPONSE TO REQUEST FOR PRODUCTION NO. 221: 19 UMG incorporates by reference each of its General Objections. UMG further 20 objects that this request seeks information that is not relevant to the claims or defenses 21 of any party and is not reasonably calculated to lead to the discovery of admissible 22 evidence. The request is therefore overbroad and unduly burdensome as well. 23 Subject to and without waiving the foregoing objections, UMG will produce 24 non-privileged responsive documents, if any, to the extent identified by a search of the 25 files of specific employees and executives that UMG will identify utilizing specific 26 search terms that UMG will identify. 27 28 214 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 REQUEST FOR PRODUCTION NO. 224: All documents evidencing, referring or relating to any and all of your board 3 minutes referring to this action and/or any other action relating to allegations of 4 copyright infringement on the internet. 5 RESPONSE TO REQUEST FOR PRODUCTION NO. 224: 6 UMG incorporates by reference each of its General Objections. UMG further 7 objects that this request is overbroad, unduly burdensome, and seeks documents that 8 are neither relevant to the claims or defenses of any party nor reasonably calculated to 9 lead to the discovery of admissible evidence. UMG further objects to this request to 10 the extent it calls for the production of privileged attorney-client communications, 11 attorney work product, or otherwise privileged or protected material. UMG further 12 objects to this request on the grounds that the phrase "evidencing, referring or relating 13 to" is vague and ambiguous. 14 Subject to and without waiving the foregoing objections, UMG will produce 15 non-privileged responsive documents, if any, to the extent identified by a search of the 16 files of specific employees and executives that UMG will identify utilizing specific 17 search terms that UMG will identify. 18 REQUEST FOR PRODUCTION NO. 225: 19 All documents evidencing, referring or relating to any and all investigation by 20 you, of Veoh or veoh.com. 21 RESPONSE TO REQUEST FOR PRODUCTION NO. 225: 22 UMG incorporates by reference each of its General Objections. UMG further 23 objects that this request is overbroad, unduly burdensome, and seeks documents that 24 are neither relevant to the claims or defenses of any party nor reasonably calculated to 25 lead to the discovery of admissible evidence. UMG further objects to this request to 26 the extent it calls for the production of privileged attorney-client communications, 27 attorney work product, or otherwise privileged or protected material. UMG further 28 215 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 objects to this request on the grounds that the phrase "evidencing, referring or relating 2 to" is vague and ambiguous. 3 4 non-privileged responsive documents, if any, to the extent identified by a search of the 5 files of specific employees and executives that UMG will identify utilizing specific 6 search terms that UMG will identify. 7 REQUEST FOR PRODUCTION NO. 227: 8 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce All documents evidencing, referring or relating to any and all valuations of you. RESPONSE TO REQUEST FOR PRODUCTION NO. 227: 10 UMG incorporates by reference each of its General Objections. UMG further 11 objects that this request is overbroad, unduly burdensome, and seeks documents that 12 are neither relevant to the claims or defenses of any party nor reasonably calculated to 13 lead to the discovery of admissible evidence. UMG further objects to this request to 14 the extent it requests documents that are not in UMG's possession, custody, or control. 15 UMG objects to this request on the grounds that the terms "valuations" and 16 "evidencing, referring or relating to" are vague and ambiguous. 17 REQUEST FOR PRODUCTION NO. 228: 18 All documents evidencing, referring or relating to any and all analyses of your 19 15, actual or projected revenues, costs and profits for the past ten (10) years. 20 RESPONSE TO REQUEST FOR PRODUCTION NO. 228: 21 UMG incorporates by reference each of its General Objections. UMG further 22 objects to this request as being overbroad and unduly burdensome, in that, among 23 other things, it seeks financial information for the past 10 years, and that it seeks 24 documents that are neither relevant to the claims or defenses of any party nor 25 reasonably calculated to lead to the discovery of admissible evidence. UMG further 26 objects to this request to the extent it requests documents that are not in UMG's 27 possession, custody or control. Additionally, the burden of production in response to 28 216 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 these requests greatly outweighs the potential relevance, if any, of the requested 2 material. UMG further objects to this request on the grounds that the phrase 3 "evidencing, referring or relating to" is vague and ambiguous. 4 REQUEST FOR PRODUCTION NO. 229: 5 All documents evidencing, referring or relating to any and all revenues you 6 have earned from advertising and/or marketing (including viral marketing) on the 7 internet for the past ten (10) years. 8 RESPONSE TO REQUEST FOR PRODUCTION NO. 229: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 9 UMG incorporates by reference each of its General Objections. UMG further 10 objects to this request as being overbroad and unduly burdensome, in that, among 11 other things, it seeks financial information for the past 10 years, and that it seeks 12 documents that are neither relevant to the claims or defenses of any party nor 13 reasonably calculated to lead to the discovery of admissible evidence. UMG further 14 objects to this request to the extent it requests documents that are not in UMG's 15 possession, custody or control. Additionally, the, burden of production in response to 16 these requests greatly outweighs the potential relevance, if any, of the requested 17 material UMG further objects to this request on the grounds that the terms "viral 18 marketing" and "evidencing, referring or relating to" are vague and ambiguous. 19 REQUEST FOR PRODUCTION NO. 232: 20 All documents evidencing, referring or relating to any analysis, investigation, 21 study and/or report relating to any and all allegedly infringing content posted on 22 veoh.com. 23 RESPONSE TO REQUEST FOR PRODUCTION NO. 232: 24 UMG incorporates by reference each of its General Objections. UMG further 25 objects that this request is overbroad, unduly burdensome, and seeks documents that 26 are neither relevant to the claims or defenses of any party nor reasonably calculated to 27 lead to the discovery of admissible evidence. UMG further objects to this request on 28 217 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 the grounds that it is premature insofar as UMG has not yet been able to identify all of 2 the specific works for which for which UMG alleges infringement in this action as the 3 information to do so is possessed by Veoh and not UMG. As a result, the 4 nonprivileged documents UMG produces in response to this request, if any, should 5 not be construed as a representation by UMG that the works referred to in such 6 documents constitutes a complete list of UMG's copyrighted works that have appeared 7 on Veoh or as a representation that further factual investigation and discovery will not 8 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 9 objects to this request to the extent it calls for the production of privileged attorney- 10 client communications, attorney work product, or otherwise privileged or protected 11 material. UMG further objects to this request to the extent it requests documents that 12 are not in UMG's possession, custody or control. UMG further objects to this request 13 on the grounds that the phrase "evidencing, referring or relating to" is vague and 14 ambiguous. 15 REQUEST FOR PRODUCTION NO. 233: 16 All documents evidencing, referring or relating to any analysis, investigation, 17 study and/or report relating to music videos posted on veoh.com by members of the 18 public. 19 RESPONSE TO REQUEST FOR PRODUCTION NO. 233: 20 UMG incorporates by reference each of its General Objections. UMG further 21 objects that this request is overbroad, unduly burdensome, and seeks documents that 22 are neither relevant to the claims or defenses of any party nor reasonably calculated to 23 lead to the discovery of admissible evidence. UMG further objects to this request as 24 premature in that it calls for UMG to produce information regarding the factual basis 25 of its claims before UMG has had the opportunity to complete its investigation of the 26 facts or to conduct appropriate discovery into the factual basis of its claims. Moreover, 27 giving an accurate and full response to this request would be impossible at this time 28 218 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 given that much of the information about which music videos works have been posted 2 on veoh.com is largely within Veoh's own possession, custody or control. UMG 3 further objects to this request to the extent it requests documents that are not in UMG's 4 possession, custody or control. UMG further objects to this request on the grounds 5 that the phrase "evidencing, referring or relating to" is vague and ambiguous. 6 7 non-privileged responsive documents, if any, to the extent identified by a search of the 8 files of specific employees and executives that UMG will identify utilizing specific 9 search terms that UMG will identify. 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce 11 REQUEST FOR PRODUCTION NO. 235: All documents evidencing, referring or relating to actual or threatened litigation 12 by you concerning alleged copyright infringement of another person, including 13 without limitation any cease and desist letters, take down notices or other 14 correspondence relating to such threatened or actual litigation, and all pleadings, 15 briefs, discovery responses, declarations and affidavits filed or served by you in any 16 such legal proceeding. 17 RESPONSE TO REQUEST FOR PRODUCTION NO. 235: 18 UMG incorporates by reference each of its General Objections. UMG further 19 objects that this request is overbroad, unduly burdensome, and seeks documents that 20 are neither relevant to the claims or defenses of any party nor reasonably calculated to 21 lead to the discovery of admissible evidence. UMG further objects to this request to 22 the extent it requests documents that are not in UMG's possession, custody or control, 23 and/or are publicly available to Veoh. UMG further objects to this request to the 24 extent it calls for the production of privileged attorney-client communications, 25 attorney work product, or otherwise privileged or protected material. UMG further 26 objects to this request on the grounds that the phrase "evidencing, referring or relating 27 to" is vague and ambiguous. 28 219 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 REQUEST FOR PRODUCTION NO. 236: 2 All documents evidencing, referring or relating to any and all litigation 3 threatened by you concerning the alleged copyright infringement by another person, 4 where you reached an agreement or deal of any kind with the alleged infringer before 5 filing a lawsuit, and did not initiate a lawsuit. 6 RESPONSE TO REQUEST FOR PRODUCTION NO. 236: 7 UMG incorporates by reference each of its General Objections. UMG further 8 objects that this request is overbroad, unduly burdensome, and seeks documents that 9 are neither relevant to the claims or defenses of any party nor reasonably calculated to 10 lead to the discovery of admissible evidence. UMG further objects to this request to 11 the extent it requests documents that are not in UMG's possession, custody or control. 12 UMG further objects to this request to the extent it calls for the production of 13 privileged attorney-client communications, attorney work product, or otherwise 14 privileged or protected material. UMG further objects to the extent that this request 15 calls for information that is subject to confidentiality agreements between UMG and 16 third parties. UMG further objects to this request on the grounds that the phrase 17 "evidencing, referring or relating to" is vague and ambiguous and that this request as a 18 whole is vague, ambiguous, and/or unintelligible. 19 REQUEST FOR PRODUCTION NO. 237: 20 All documents evidencing, referring or relating to any and all litigation 21 threatened by you concerning alleged copyright infringement by another person, 22 where you did not initiate a lawsuit. 23 RESPONSE TO REQUEST FOR PRODUCTION NO. 237: 24 UMG incorporates by reference each of its General Objections. UMG further 25 objects that this request is overbroad, unduly burdensome, and seeks documents that 26 are neither relevant to the claims or defenses of any party nor reasonably calculated to 27 lead to the discovery of admissible evidence. UMG further objects to this request to 28 220 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 the extent it requests documents that are not in UMG's possession, custody or control. 2 UMG further objects to this request to the extent it calls for the production of 3 privileged attorney-client communications, attorney work product, or otherwise 4 privileged or protected material. UMG further objects to this request on the grounds 5 that the phrase "evidencing, referring or relating to" is vague and ambiguous and that 6 this request as a whole is vague, ambiguous, and/or unintelligible. 7 REQUEST FOR PRODUCTION NO. 238: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 8 Documents evidencing, referring, or relating to any and all settlement 9 agreements and/or deal terms, including any and all proposed and/or final terms, 10 relating to any and all documents produced in response to Request for Production 11 Nos. 236 and 237. 12 RESPONSE TO REQUEST FOR PRODUCTION NO. 238: 13 UMG incorporates by reference each of its General Objections. UMG further 14 objects that this request is overbroad, unduly burdensome, and seeks documents that 15 are neither relevant to the claims or defenses of any party nor reasonably calculated to 16 lead to the discovery of admissible evidence. UMG further objects to this request to 17 the extent it requests documents that are not in UMG's possession, custody or control. 18 UMG further objects to this request to the extent it calls for the production of 19 privileged attorney-client communications, attorney work product, or otherwise 20 privileged or protected material. UMG further objects to the extent that this request 21 calls for information that is subject to confidentiality agreements between UMG and 22 third parties. UMG further objects to this request on the grounds that the phrase 23 "evidencing, referring, or relating to" is vague and ambiguous. 24 REQUEST FOR PRODUCTION NO. 239: 25 All license agreements between you and any person. 26 RESPONSE TO REQUEST FOR PRODUCTION NO. 239: 27 28 UMG incorporates by reference each of its General Objections. UMG further 221 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 objects that this request is overbroad, unduly burdensome, and seeks documents that 2 are neither relevant to the claims or defenses of any party nor reasonably calculated to 3 lead to the discovery of admissible evidence. UMG further objects to the extent that 4 this request calls for information that is subject to confidentiality agreements between 5 UMG and third parties. 6 7 executed license agreements for music streaming and downloading services after entry 8 by the Court of an appropriate protective order and subject to UMG's obligations 9 under the confidentiality restrictions in those agreements. 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce 11 REQUEST FOR PRODUCTION NO. 240: All documents evidencing, referring or relating to any purported license 12 agreement between you and any person. 13 RESPONSE TO REQUEST FOR PRODUCTION NO. 240: 14 UMG incorporates by reference each of its General Objections. UMG further 15 objects that this request is overbroad, unduly burdensome, and seeks documents that 16 are neither relevant to the claims or defenses of any party nor reasonably calculated to 17 lead to the discovery of admissible evidence. UMG further objects to this request to 18 the extent it requests documents that are not in UMG's possession, custody, or control. 19 UMG further objects to the extent that this request calls for information that is subject 20 to confidentiality agreements between UMG and third parties. UMG further objects to 21 this request on the grounds that the phrase "evidencing, referring or relating to" is 22 vague and ambiguous. 23 Subject to and without waiving the foregoing objections, UMG will produce 24 executed license agreements for music streaming and downloading services after entry 25 by the Court of an appropriate protective order and subject to UMG's obligations 26 under the confidentiality restrictions in those agreements. 27 28 222 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 REQUEST FOR PRODUCTION NO. 241: All documents evidencing, referring or relating to any and all negotiations E 3 relating to any and all license agreements between you and any person. 4 RESPONSE TO REQUEST FOR PRODUCTION NO. 241: 5 UMG incorporates by reference each of its General Objections. UMG further objects 6 that this request is overbroad, unduly burdensome, and seeks documents that are 7 neither relevant to the claims or defenses of any party nor reasonably calculated to 8 lead to the discovery of admissible evidence. UMG further objects to this request to 9 the extent it requests documents that are not in UMG's possession, custody, or control. 10 UMG further objects to the extent that this request calls for information that is subject 11 to confidentiality agreements between UMG and third parties. UMG further objects to 12 this request on the grounds that the phrase "evidencing, referring or relating to" is 13 vague and ambiguous. 14 B. Veoh's Contentions and Points and Authorities 15 Plaintiffs improperly refuse to produce all non-privileged documents on the 16 subject of damages, including financial documents and documents relating to 17 Plaintiffs' promotion and exploitation of the purportedly infringing works, the value of 18 Plaintiffs' copyrights, Plaintiffs' business plans and analyses, and other documents 19 relating to proposals and negotiations with third parties. Of significant note is 20 Plaintiffs' refusal to produce documents relating to proposals and negotiations with 21 third parties which would, among other things, demonstrate what Plaintiffs themselves 22 view as a reasonably royalty for Plaintiffs' allegedly infringed works. 23 24 25 1. Plaintiffs' Financial Documents and Information are Highly Relevant to Plaintiffs' Damages Claims Financial documents and information relating to Plaintiffs' revenues from the 26 works at issue, Plaintiffs' promotion and exploitation of the purportedly infringing 27 works, and the value of Plaintiffs' copyrights is directly relevant to Plaintiffs' 28 223 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 purported damages and mitigation of damages. During meet and confer conferences, 2 Plaintiffs' counsel conceded the relevance of this information to a claim for actual 3 damages, but justified Plaintiffs' refusal to produce such documents and information 4 arguing that Plaintiffs had not yet definitively elected to pursue actual damages and as 5 such, Veoh's requests were "premature." (Calkins Decl., ¶ 13.) Plaintiffs however 6 seek actual and statutory damages in the Complaint, and while Plaintiffs may 7 ultimately elect one theory, documents responsive to these requests are relevant 8 regardless of which theory Plaintiffs ultimately pursue. (Complaint, ¶¶ 32-33, 40-41, 9 49-50, 57-58). 10 The relevance of financial information to a claim for statutory or actual 11 damages has been repeatedly recognized by courts, including this Court. In its Order 12 Re MySpace, Inc.'s Fourth Motion to Compel Further Responses and Requests for 13 Production and Interrogatories (March 17, 2008 Order, UMG Recordings, Inc., et al. 14 v. MySpace, Inc. et al, Case No. 06-07361). The Court found that if Plaintiffs 15 ultimately decide to seek statutory damages instead of actual damages, "[a] district 16 court has wide discretion in awarding statutory damages for copyright infringement 17 and is constrained only by the specified maxima and minima." Peer Int'l Corp. v. 18 Pausa Records, Inc., 909 F.2d 1332, 1336 (9th Cir. 1990), cert denied, 498 U.S. 1109 19 (1991). Further, statutory damages still must "bear some relationship to actual 20 damages suffered." Yurman Design, Inc. v. PAJ, Inc. 262 F.2d 101, 113-114 (2nd Cir. 21 2001); Van Der Zee v. Greenidge, 2006 WL 44020, *2(S.D.N.Y. 2006). Among the 22 factors a court may consider are the revenues lost by the plaintiffs [and] the value of 23 the copyright." Van Der Zee, supra, 2006 WL 44020, *2; see 4 Nimmer on Copyright 24 § 14.04 [B][1][a] (2005) ("the determination of statutory damages within the 25 applicable limits may turn upon such factors as … the revenues lost by the plaintiffs 26 as a result of the defendant's conduct and the infringers' state of mind – whether 27 28 224 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 willful, knowing or innocent."). The financial information sought is therefore 2 undeniably relevant. 3 4 Plaintiffs filed this action seeking the statutory maximum of $150,000 for each of 5 "thousands" of copyrighted works allegedly infringed. (Complaint, ¶¶ 33, 41, 50, 58). 6 Given the staggering amount of damages sought by Plaintiffs, there should be no 7 debate that Plaintiffs must produce the financial documents and evidence sought. 8 Documents and information evidencing of the value of the copyrighted works at issue 9 and Plaintiffs' lost revenues or lost profits is vital to Veoh's ability to properly defend 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP Plaintiffs additionally argue that such discovery is burdensome. However itself against Plaintiffs' claims. Veoh is entitled to this discovery immediately. 11 2. 12 13 The Discovery Is Relevant to Plaintiffs' Efforts, If Any, To Mitigate Plaintiffs have a duty to mitigate. See Goldenberg v. Doe, 731 F.Supp.1115, 14 1159060 (E.D.N.Y. 1990). Plaintiffs, however, refuse to produce discovery 15 evidencing Plaintiffs' efforts, if any, to protect the works at issue even after Plaintiffs' 16 purported awareness of the works on Veoh. Indeed, what is likely Plaintiffs' complete 17 failure to mitigate goes hand in hand with Plaintiffs' viral marketing strategy, and 18 would also operate to provide leverage in a strategy by Plaintiffs to extract inflated 19 license fees from alleged infringers. Clearly, such discovery is relevant and 20 necessary. 21 22 3. The Discovery Is Relevant to Veoh's Affirmative Defense of Copyright Misuse 23 As Plaintiffs are aware, misuse of copyright, if found, would preclude Plaintiffs' 24 enforcement of certain copyrights during the period of misuse. Practice Management 25 Information Corporation v. American Medical Association, 121 F.3d 516 (9th Cir.), 26 cert denied, 522 U.S. 933 (1997). Copyright misuse occurs when a copyright holder 27 employs copyrights to engage in anti-competitive activity, including price-fixing, 28 225 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 unduly restrictive licensing, and other behavior that violates public policy. In re 2 Napster, Inc. Copyright Litig., 191 F. Supp.2d 1087, 1109-1110 (N.D. Cal. 2002). 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 3 The discovery sought includes documents and information relating to Plaintiffs' 4 proposals and negotiations with third parties and is therefore directly relevant to 5 Veoh's copyright misuse defense. As Plaintiffs repeatedly remind this Court and 6 Veoh, Plaintiffs are a dominant worldwide force in the music industry, which also 7 makes Plaintiffs uniquely situated to engage in copyright misuse. Veoh is entitled to 8 discovery relating to its affirmative defenses and Plaintiffs should be compelled to 9 respond to this discovery. 10 C. UMG’s Contentions And Points Of Authorities 11 Once again, Veoh’s motion is long on requests but short on justification. In this 12 section, Veoh’s approach is particularly unreasonable. Though Veoh demands 13 complete production in response to 5 interrogatories, and more than 100 document 14 requests, it deigns to provide only 3 pages of argument purportedly justifying all of 15 these requests. Collectively, Veoh asserts that all of these requests seek “damages” 16 information and thus full production should be ordered. Veoh’s purported description 17 falsely assumes the conclusion – Veoh characterizes its requests as seeking damages 18 information, though it never bothers to show that any of the requests are actually 19 seeking material relevant to issues of damages. 20 As with much of the rest of this motion, UMG has already produced many 21 documents responsive to these interrogatories and requests. Veoh falsely asserts that 22 UMG has refused to produce any responsive materials. Rather than offering any 23 explanation of why UMG’s already-extensive production is inadequate, Veoh merely 24 demands more. Of course, Veoh cannot represent that it has actually reviewed 25 UMG’s production, yet it is more than willing to tell the Court that UMG’s production 26 is inadequate. 27 28 226 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 UMG has already produced documents more than sufficient for Veoh to analyze 2 issues of damages in this case. These documents include, among others, summaries of 3 UMG's revenues from the download and streaming of music videos, and licenses that 4 evidence UMG's licensing and royalty terms. Ledahl Decl., ¶ 6. Nonetheless, along 5 with a host of other sweeping discovery requests, Veoh insists that UMG produce 6 every document tangentially related to UMG's finances. Veoh never even mentions 7 its actual discovery requests, much less explain the relevance of the materials sought. 8 This enormous, unsupported demand for discovery cannot be countenanced when 9 UMG has already produced voluminous documents responsive to the very issues with 10 respect to which Veoh seeks discovery, and when Veoh itself has not produced any of 11 its own financial documents. 12 1. Veoh Relies On Unsupported And False Claims Of Relevance 13 Veoh posits that any documents even tangentially related to UMG's finances are 14 "undeniably relevant." Not surprisingly, Veoh cites no authority for its “give us every 15 document in your company” discovery strategy. This requested discovery includes 16 annual accountings of revenues, profits and expenses for each of UMG's copyrighted 17 works,10 a "quantification," "in detail," of all UMG's actual damages,11 all documents 18 concerning UMG's distribution of material containing its copyrighted sound 19 recordings and musical compositions on the internet,12 all documents concerning 20 UMG's revenues and profits derived by UMG's exploitation, sale or licensing of music 21 videos,13 and all documents relating to any and all "financial analyses" of revenue 22 sources from copyrighted works at issue, including such irrelevant revenue sources as 23 sheet music or concert tours.14 Veoh even requests the dubious, and nearly unlimited, 24 category of documents sufficient to show the revenues generated from any 25 26 27 28 10 11 12 13 14 Veoh's Interrogatory No. 4; Requests for Production Nos. 34-36. Veoh's Interrogatory No. 12. Veoh's Requests for Production Nos. 39-40. Veoh's Request for Production No. 165. See Veoh's Requests for Production Nos. 190-200, 228-29. 227 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 copyrighted sound recordings and musical compositions UMG did not upload to 2 veoh.com.15 All told, Veoh's requested discovery would encompass the entire 3 universe of UMG's financial documents. No court in a copyright case has compelled 4 such broad discovery from a copyright holder. 5 First, Veoh’s motion makes the false assumption that all such documents would 6 even be relevant to a determination of actual damages. Veoh offers nothing to support 7 such a sweeping assertion.16 Certainly, Veoh cites no authority for the proposition 8 that every document relating to the finances of a copyright plaintiff is necessarily 9 relevant to a determination of actual damages. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 Second, Veoh extends its misguided arguments by ignoring the fact that UMG 11 is not pursuing its actual damages. Under the Copyright Act, UMG has the right to 12 elect either actual or statutory damages. See 17 U.S.C. § 504(b-c) (2000). UMG has 13 elected to pursue statutory damages in this case. Even if the broad discovery Veoh 14 seeks were relevant to actual damages (it is not), compelling such discovery where 15 UMG has elected statutory damages would even further inflict unnecessary burdens. 16 Indeed, ordering discovery related to actual damages would obviate one of the 17 primary purposes of electing statutory damages: avoiding the discovery burdens 18 related to producing evidence of actual damages.17 19 Maximum statutory damages may be granted without any evidence of actual 20 damages. See Peer Int'l Corp. v. Pausa Records, Inc., 909 F.2d 1332, 1337 (9th Cir. 21 1990), cert. denied, 498 U.S. 1109 (1991) ("It is clear … that a plaintiff may recover 22 statutory damages 'whether or not there is adequate evidence of the actual damages 23 15 24 25 26 27 28 See Veoh's Request for Production No. 168. Read on its face, this Request includes revenue information regarding any copyright, regardless of who owns it, so long as it was not uploaded to veoh.com by UMG. 16 Veoh falsely asserts that UMG somehow conceded that all of the discovery sought by Veoh’s numerous listed requests would be relevant even to actual damages. UMG made no such concession. Ledahl Decl., ¶ 7. 17 For purposes of discussing the lack of legal merit of Veoh’s argument, UMG assumes for purposes of argument that some of the discovery Veoh seeks might be relevant to actual damages. UMG does not, however, concede that such an assumption is correct. 228 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 suffered by the plaintiffs or of the profits reaped by the defendant.'") (quoting Harris 2 v. Emus Records Corp., 734 F.2d 1329, 1335 (9th Cir. 1984)); Microsoft Corp. v. PC 3 Express, 183 F. Supp. 2d 448 (D.P.R. 2001) (upholding award of maximum statutory 4 damages with no mention of lost profits or revenues). Veoh suggests that the Second 5 Circuit has held that statutory damages must “bear some relationship to actual 6 damages suffered.” Veoh quotes the Second Circuit’s decision in Yurman Design, 7 Inc. v. PAJ, Inc. for this proposition. Though Veoh provides a pin cite to this 8 supposed quote, the language Veoh purports to quote never appears in the Yurman 9 Design decision. See Yurman Design v. PAJ, Inc., 262 F.3d 101, 113-114 (2d Cir. 10 2001). In fact, the Yurman Design decision holds 180 degrees the opposite. 11 Specifically, in that case, the defendant challenged an award of statutory damages of 12 $68,750 per work because defendant claimed that the damage amount “bears little 13 relationship to the $19,000 in profits PAJ claimed to have earned on the jewelry at 14 issue in [the] case.” Id. at 113. Far from supporting Veoh’s arguments here, the 15 Second Circuit rejected the very argument Veoh tries to advance in citing the case. 16 Specifically, the Court held that the statutory damage award need not be “merely 17 compensatory or restitutionary.” Thus, far from supporting Veoh, the Yurman Design 18 case confirms that Veoh is overreaching and seeks unnecessary and wasteful 19 discovery. 20 At most, actual damages are a factor a court may consider in setting statutory 21 damages. In such an analysis, actual damages are only one, optional factor in 22 determining statutory damages. See 4 Nelville B. Nimmer & David Nimmer, Nimmer 23 on Copyright § 14:04[A] (LexisNexis 2007) (noting that statutory damages are 24 available "even under circumstances in which plaintiff's damages or defendant's 25 profits are susceptible to precise evaluation"). As a result, a court should strike a 26 different balance when considering the relevance and burden of discovery related to 27 actual damages where a plaintiff has elected statutory damages, and those actual 28 229 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 damages are a single, optional factor in damages. These principles do not contemplate 2 allowing the tail to wag the dog as Veoh seeks here. Veoh would transform this single 3 optional factor (among other much more important factors focused on Veoh’s 4 conduct) into the basis for massive and sweeping discovery of potentially millions of 5 additional documents. The Court should not permit such an approach here. 6 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 7 2. Veoh Ignores UMG’s Already Extensive Production Regardless of the relevance of UMG’s financial records or of evidence of actual 8 damages, UMG has already produced a very large number of financial documents, 9 including documents more than sufficient to establish UMG's actual damages, let 10 alone evidence sufficient to contest an actual damages factor in setting statutory 11 damages. For example, UMG has already produced detailed accountings of its digital 12 revenues and overall corporate finances. Included in UMG's production to Veoh are 13 monthly reports listing UMG's digital revenues by revenue source (e.g., music video 14 downloads), and within each revenue source, by licensing partner (e.g., Yahoo!). See 15 Ledahl Decl., Ex. 8. UMG has also produced lists of revenues from the licensing of 16 music videos for online streaming, subdivided by the individual music video. See id., 17 Ex. 9 (2006 list of video streaming revenues by video). Finally, UMG has produced 18 myriad information about its overall corporate finances, including quarterly profits 19 and losses. See, e.g., id., Ex. 10 (UMG Operating Results, First Quarter 2006). 20 Crucially, UMG has also produced over 50 license agreements, which are the 21 best evidence of its actual damages. Id. at ¶ 6. These licenses contain UMG's terms 22 for the online streaming of its videos or for the sale by download of its videos. Thus, 23 from these licenses, Veoh could readily calculate UMG's lost license fees by 24 multiplying these licensing rates by the number of times UMG's works have been 25 displayed and distributed by Veoh. These lost license fees are the most readily 26 calculable component of actual damages. 27 28 230 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 Producing further, more detailed financial accountings – as Veoh's extremely 2 broad requests contemplate – would be incredibly burdensome and would not afford a 3 better estimation of UMG's actual damages. In such circumstances, the Federal Rules 4 instruct that "the court must limit the frequency or extent of discovery … if it 5 determines that: the burden or expense of the proposed discovery outweighs its likely 6 benefit…." Fed. R. Civ. P. 26(b)(2)(C)(iii). As noted above, Veoh's discovery 7 requests seek picayune financial records, such as revenues, profits and expenses by 8 individual copyrighted work and all documents related to financial analyses of 9 revenues from particular income sources of individual copyrighted works. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 Producing such individualized accountings would be an enormous undertaking. 11 There will likely be hundreds, if not thousands, of copyrighted works at issue in this 12 litigation. Ledahl Decl., ¶ 8. For each of these copyrighted works, UMG employees 13 would need to collect tens of thousands of pages of financial documents reporting 14 expenses and revenues. Declaration Of Charles Ciongoli In Support Of UMG's 15 Opposition To Veoh's Motion To Compel ("Ciongoli Decl."), ¶ 8. Moreover, as most 16 revenues and expenses are not allocated to individual copyrighted works, but are 17 allocated by artist or album, accountings of revenues and expenses would need to be 18 analyzed by employees for such allocation. Id. at ¶ 12. The thousands of hours of 19 work by UMG employees and outside counsel that would be required to produce such 20 documents, in addition to the great financial cost this would impose, would severely 21 disrupt UMG's ongoing business. Id. at ¶ 6.18 22 18 23 24 25 26 27 28 Reading Veoh's requests literally, collecting all documents relating to revenues and expenses for even one copyrighted work is a monumental task. See Ciongoli Decl., ¶ 8. There are numerous categories of cost information maintained at many locations, and these documents are, in most cases, not organized or maintained based on the particular copyrighted work to which they pertain. Id. at ¶ 9. Likewise, there are many different categories of revenue information, stored in different ways at different locations. Id. Collecting all of this information for one copyrighted work would require weeks of time from UMG employees in addition to the substantial effort required for counsel to review the material. Id. at ¶ 6. For the hundreds or thousands of works that will likely be at issue in this case, the task of collecting and reviewing the information Veoh seeks would require thousands of hours of UMG employee time and impose dramatic costs, likely in the millions of dollars. Id. 231 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 Yet this extensive discovery would provide no better information as to UMG's 2 actual damages than the documents UMG has already produced. Evidence of the 3 revenues or profits UMG received from selling a particular compact disc, or UMG's 4 costs pursuant to a record contract have little, if any, relation to the damages from an 5 infringing performance of UMG music videos by Veoh. General revenues and costs 6 from UMG's copyrighted works do not reflect the lost video license fees due to Veoh's 7 infringement, and any effort to intuit the indirect harm to UMG's business from 8 individualized accountings of revenues and profits would be incredibly difficult. 9 Veoh already has the best evidence of UMG's actual damages in UMG's license 10 agreements, along with a host of other financial documents. The Court should reject 11 Veoh's efforts – unsupported by any showing of the insufficiency of UMG's existing 12 production – to compel further discovery of financial records that are marginally 13 relevant at best. 14 15 16 3. Veoh’s Incorrect Arguments About A Duty To Mitigate Cannot Support Its Discovery Demands Veoh also tries to justify its discovery requests by asserting (again without 17 support) that the discovery is relevant to a purported duty to mitigate damages. First, 18 Veoh falsely equates a supposed duty to mitigate damages with a duty to prevent the 19 infringement of copyrights. No case creates such a requirement. Veoh's suggestion to 20 the contrary attempts to turn copyright law on its head; rather, Veoh itself has a duty 21 not to infringe others' copyrights. Veoh attempts to muddle this basic principle by 22 conflating a plaintiff's duty to mitigate damages with a supposed duty to prevent the 23 infringement of its copyrights – a duty which does not exist. 24 Veoh contends that, because a general duty to mitigate damages exists, UMG 25 should have prevented Veoh's infringement of its copyrights, by somehow 26 "protecting" its content. And consequently, per Veoh's confused logic, evidence of 27 UMG's efforts to protect its content is an appropriate subject for discovery. But Veoh 28 232 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 can cite no authority for the proposition that it is a copyright holder's obligation to 2 prevent the infringement of its copyright or that such information is relevant discovery 3 that would support any defense asserted by Veoh in this action or otherwise limit 4 UMG’s recovery. 5 The duty to mitigate refers to a plaintiff's obligation to avoid needless damages 6 from a harm imposed by the defendant, not a duty to avoid the harm in the first place. 7 Indeed, as a leading text on remedies notes, "[t]he rule that defendant is not liable for 8 avoidable consequences of his wrongdoing … is often discussed in terms of plaintiff's 9 duty to mitigate damages." Douglas Laycock, Modern American Remedies 96 (Aspen 10 2002) (emphasis added). That is, while a defendant may not be liable for damages a 11 plaintiff could have avoided, there is no obligation for a plaintiff to have worked to 12 prevent defendant's wrongdoing in the first place. This principle is especially clear, 13 where, as in this case, the "protection" of UMG's content that Veoh suggests UMG 14 had an obligation to implement would have likely been burdensome and costly. 15 Further, Veoh makes no meaningful allegation that UMG failed to mitigate its 16 damages from Veoh's infringement. There is no explanation offered – nor could there 17 be – for how "efforts … to protect content" or a "viral marketing strategy" could have 18 mitigated even UMG's actual damages, such as by allowing UMG to recoup its lost 19 licensing fees from Veoh's performance of UMG videos. The possible relevance of 20 such information is even more remote in this case because UMG has elected to pursue 21 statutory damages. Veoh’s attempt to invoke this legal theory provides no support for 22 its vast, overreaching discovery demands. 23 24 25 26 4. Veoh's Unsubstantiated Allegations of Copyright Misuse Do Not Justify Veoh’s Overreaching Discovery Veoh offers no support for its allegation of copyright misuse other than the unevidenced suggestion that, because UMG is a "dominant" force in the music 27 28 233 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 industry, it has the power to potentially misuse its copyrights.19 Veoh then tries to 2 transform this empty assertion into a demand for massive discovery regarding all of 3 UMG’s business activities. Once again, Veoh’s arguments fall flat. 4 The mere capacity to misuse copyrights – which Veoh has not even established 5 – is insufficient to establish any suggestion of a viable affirmative defense.20 Nor are 6 the documents sought by Veoh relevant to establishing copyright misuse. As the 7 Ninth Circuit has held, copyright misuse arises from unduly restrictive licensing 8 provisions. See Practice Mgmt. Info. Corp. v. Am. Med. Ass'n., 121 F.3d 516, 520-21 9 (9th Cir. 1997). More recently, another court in this district examined the issue of 10 copyright misuse and concluded that “restrictive licensing provision[s]” are the basis 11 for a misuse defense, in the Ninth Circuit and elsewhere. Metro-Goldwyn-Mayer 12 Studios, Inc. v. Grokster, Ltd., 454 F. Supp. 2d 966, 996 (C.D. Cal. 2006). Thus, the 13 only documents even potentially relevant to Veoh’s purported misuse defense are 14 license agreements, such as those UMG has already produced.21 Once again, Veoh’s 15 mere invocation of an irrelevant defense cannot support its broad and overreaching 16 discovery efforts. 17 5. 18 19 20 21 22 23 24 25 26 27 28 Veoh's Miscellaneous, Unsupported Discovery Requests Should Be Denied 19 It is unclear what Veoh hopes to accomplish by its unsupported allegation of “dominan[ce].” As Veoh knows, UMG is one of several large players in the music industry, and dominance alone is not enough to establish market power. Forro Precision, Inc. v. Int’l Business Mach. Corp., 673 F.2d 1045, 1058-59 (9th Cir. 1982) (holding that a 35% market share “provides little or no support to a claim of market power.”); Morgenstern v. Wilson, 29 F.3d 1291, 1296 n.3 (8th Cir. 1994) (“[A]s a matter of law, absent other relevant factors, a 30% market share will not prove the existence of monopoly power.”). 20 Per the very case Veoh cites, anti-competitive activity alone is insufficient to establish copyright misuse. "[G]eneralized antitrust violations will not suffice. … [A defendant] must establish a 'nexus between … alleged anti-competitive actions and [plaintiffs'] power over copyrighted material." In re Napster, Inc. Copyright Litig., 191 F. Supp. 2d 1087, 1108 (N.D. Cal. 2002) (quoting Orth-O-Vision, Inc. v. Home Box Office, 474 F. Supp. 672, 686 (S.D.N.Y. 1979)). 21 Veoh also cannot meaningfully invoke this defense because it never had nor sought any license from UMG. Veoh cannot complain of restrictive licensing when it never ever tried to license, but resorted directly to infringement. 234 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 Under the general rubric of this Issue, Veoh lumps a large number of discovery 2 requests (including multiple interrogatories and over 100 requests for production) for 3 which it offers no justification to compel discovery. The interrogatories include, inter 4 alia, such disparate topics as communications with artists,22 public statements and 5 other documents regarding copyright infringement and vicarious liability,23 6 communications and other documents regarding DMCA notices,24 and documents 7 related to other legal actions involving UMG.25 As Veoh has not offered any 8 justification for this discovery, it has not carried its burden of supporting a request to 9 compel further discovery. Moreover, UMG cannot meaningfully respond to 10 justifications that Veoh has not even provided. For this additional reason, the Court 11 should reject Veoh’s motion regarding the requests addressed in this section. 12 VI. ISSUE NO. 5 – DISCOVERY SEEKING FACTUAL SUPPORT FOR 13 PLAINTIFFS' CLAIMS 14 A. Statement of Disputed Interrogatories and Requests For Production 15 and Plaintiffs' Responses 16 VEOH INTERROGATORIES NOS.: 6 17 INTERROGATORY NO. 6: 18 Identify all persons with knowledge of the facts, allegations, and claims set 19 forth in the complaint, stating the facts for which each has knowledge. 20 RESPONSE TO INTERROGATORY NO. 6: 21 UMG incorporates by reference each of its General Objections. UMG further 22 objects that this interrogatory is overly broad and unduly burdensome insofar as it 23 calls for UMG to identify by name, address, and telephone number, all persons having 24 knowledge of various facts, which would include, among many others, virtually any 25 UMG employee that has visited Veoh and seen the rampant infringement of UMG 26 22 23 24 25 27 28 Veoh's Interrogatory No. 22; Requests for Production Nos. 52, 153. Veoh's Requests for Production Nos. 146-47, 151-52, 188-89. Veoh's Requests for Production Nos. 157-59. Veoh's Requests for Production Nos. 182-87, 218, 220-21, 235-38. 235 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 works there. UMG further objects that the instructions to "identify all persons" and 2 "stat[e] the facts for which each has knowledge" are unduly burdensome and, 3 additionally, render the interrogatory compound. UMG further objects to the 4 definition of "persons" as overly broad and unduly burdensome. 5 Subject to and without waiving the foregoing objections, UMG identifies the 6 following individuals who are most knowledgeable about Veoh's infringement of 7 plaintiffs' copyrights. 8 • 9 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 Music Group, eLabs; • 11 12 • • • Ed Arrow, Vice President, Copyright, Universal Music Publishing Group; • 19 20 Tegan Kossowicz, Senior Director, Business & Legal Affairs, Royalties & Copyright, Universal Music Group; 17 18 Larry Kenswil, Executive Vice President, Business. Strategy, Universal Music Group; 15 16 David Weinberg, Vice President, Business & Legal Affairs, Universal Music Group, eLabs; 13 14 David Ring, Senior Vice President, Business & Legal Affairs, Universal Harvey Geller, Senior Vice President, Business & Legal Affairs, Universal Music Group; • Jennifer Roberts, Legal Assistant, Irell & Manella. 21 Each of the foregoing individuals can be contacted through UMG's counsel, Irell & 22 Manella, 1800 Avenue of the Stars, Suite 900, Los Angeles, CA 90067. 23 24 25 26 VEOH REQUEST NOS. 14-25, 56-64, 66-68, 70-95, 97, 149, 170, 171 REQUEST FOR PRODUCTION NO. 14: All documents concerning violations of 17 U.S.C. § 106(1) that you claim or believe Veoh has committed directly. 27 28 236 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 333 South Grand Avenue Los Angeles, CA 90071-1543 UMG incorporates by reference each of its General Objections. UMG further 3 objects to this request to the extent it calls for the production of privileged attorney 4 client communications, attorney work product, or otherwise privileged or protected 5 material. UMG further objects that the request seeks information that is already in 6 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 7 objects to this request as vague and ambiguous as to what constitutes documents 8 "concerning" these violations. UMG further objects to the extent that this request 9 seeks documents that are not in UMG's possession, custody or control. 10 Winston & Strawn LLP RESPONSE TO REQUEST FOR PRODUCTION NO. 14: UMG further objects to this request on the grounds that it is premature insofar 11 as UMG has not yet been able to identify all of the specific works for which UMG 12 alleges infringement in this action as the information to do so is possessed by Veoh 13 and not UMG. As a result, the nonprivileged documents UMG produces in response to 14 this request, if any, should not be construed as a representation by UMG that the 15 works referred to in such documents constitutes a complete list of UMG's copyrighted 16 works that have appeared on Veoh or as a representation that further factual 17 investigation and discovery will not reveal more of UMG's copyrighted works that 18 have appeared on Veoh. UMG further objects that this request calls for a legal 19 conclusion. 20 Subject to and without waiving the foregoing objections, UMG will produce 21 non-privileged responsive documents, if any, to the extent identified by a search of the 22 files of specific employees and executives that UMG will identify utilizing specific 23 search terms that UMG will identify. 24 REQUEST FOR PRODUCTION NO. 15: 25 26 All documents concerning violations of 17 U.S.C. § 106(2) that you claim or believe Veoh has committed directly. 27 28 237 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 333 South Grand Avenue Los Angeles, CA 90071-1543 UMG incorporates by reference each of its General Objections. UMG further 3 objects to this request to the extent it calls for the production of privileged attorney 4 client communications, attorney work product, or otherwise privileged or protected 5 material. UMG further objects that the request seeks information that is already in 6 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 7 objects to this request as vague and ambiguous as to what constitutes documents 8 "concerning" these violations. UMG further objects to the extent that this request 9 seeks documents that are not in UMG's possession, custody or control. 10 Winston & Strawn LLP RESPONSE TO REQUEST FOR PRODUCTION NO. 15: UMG further objects to this request on the grounds that it is premature insofar 11 as UMG has not yet been able to identify all of the specific works for which UMG 12 alleges infringement in this action as the information to do so is possessed by Veoh 13 and not UMG. As a result, the nonprivileged documents UMG produces in response to 14 this request, if any, should not be construed as a representation by UMG that the 15 works referred to in such documents constitutes a complete list of UMG's copyrighted 16 works that have appeared on Veoh or as a representation that further factual 17 investigation and discovery will not reveal more of UMG's copyrighted works that 18 have appeared on Veoh. UMG further objects that this request calls for a legal 19 conclusion. 20 Subject to and without waiving the foregoing objections, UMG will produce 21 non-privileged responsive documents, if any, to the extent identified by a search of the 22 files of specific employees and executives that UMG will identify utilizing specific 23 search terms that UMG will identify. 24 REQUEST FOR PRODUCTION NO. 16: 25 26 All documents concerning violations of 17 U.S.C. § 106(3) that you claim or believe Veoh has committed directly. 27 28 238 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 RESPONSE TO REQUEST FOR PRODUCTION NO. 16: 2 UMG incorporates by reference each of its General Objections. UMG further 3 objects to this request to the extent it calls for the production of privileged attorney- 4 client communications, attorney work product, or otherwise privileged or protected 5 material. UMG further objects that the request seeks information that is already in 6 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 7 objects to this request as vague and ambiguous as to what constitutes documents 8 "concerning" these violations. UMG further objects to the extent that this request 9 seeks documents that are not in UMG's possession, custody or control, UMG further 10 objects to this request on the grounds that it is premature insofar as UMG has not yet 11 been able to identify all of the specific works for which UMG alleges infringement in 12 this action as the information to do so is possessed by Veoh and not UMG. As a result, 13 the nonprivileged documents UMG produces in response to this request, if any, should 14 not be construed as a representation by UMG that the works referred to in such 15 documents constitutes a complete list of UMG's copyrighted works that have appeared 16 on Veoh or as a representation that further factual investigation and discovery will not 17 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 18 objects that this request calls for a legal conclusion. 19 Subject to and without waiving the foregoing objections, UMG will produce 20 non-privileged responsive documents, if any, to the extent identified by a search of the 21 files of specific employees and executives that UMG will identify utilizing specific 22 search terms that UMG will identify. 23 REQUEST FOR PRODUCTION NO. 17: 24 All documents concerning violations of 17 U.S.C. § 106(4) that you claim or 25 believe Veoh has committed directly. 26 RESPONSE TO REQUEST FOR PRODUCTION NO. 17: 27 28 UMG incorporates by reference each of its General Objections. UMG further 239 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 objects to this request to the extent it calls for the production of privileged attorney- 2 client communications, attorney work product, or otherwise privileged or protected 3 material. UMG further objects that the request seeks information that is already in 4 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 5 objects to this request as vague and ambiguous as to what constitutes documents 6 "concerning" these violations. UMG further objects to the extent that this request 7 seeks documents that are not in UMG's possession, custody or control. UMG further 8 objects to this request on the grounds that it is premature insofar as UMG has not yet 9 been able to identify all of the specific works for which UMG alleges infringement in 10 this action as the information to do so is possessed by Veoh and not UMG. As a result, 11 the nonprivileged documents UMG produces in response to this request, if any, should 12 not be construed as a representation by UMG that the works referred to in such 13 documents constitutes a complete list of UMG's copyrighted works that have appeared 14 on Veoh or as a representation that further factual investigation and discovery will not 15 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 16 objects that this request calls for a legal conclusion. 17 Subject to and without waiving the foregoing objections, UMG will produce 18 non-privileged responsive documents, if any, to the extent identified by a search of the 19 files of specific employees and executives that UMG will identify utilizing specific 20 search terms that UMG will identify. 21 REQUEST FOR PRODUCTION NO. 18: 22 All documents concerning violations of 17 U.S.C. § 106(5) that you claim or 23 believe Veoh has committed directly. 24 RESPONSE TO REQUEST FOR PRODUCTION NO. 18: 25 UMG incorporates by reference each of its General Objections. UMG further 26 objects to this request to the extent it calls for the production of privileged attorney 27 client communications, attorney work product, or otherwise privileged or protected 28 240 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 material. UMG further objects that the request seeks information that is already in 2 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 3 objects to this request as vague and ambiguous as to what constitutes documents 4 "concerning" these violations. UMG further objects to the extent that this request 5 seeks documents that are not in UMG's possession, custody or control. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 6 UMG further objects to this request on the grounds that it is premature insofar 7 as UMG has not yet been able to identify all of the specific works for which UMG 8 alleges infringement in this action as the information to do so is possessed by Veoh 9 and not UMG. As a result, the nonprivileged documents UMG produces in response to 10 this request, if any, should not be construed as a representation by UMG that the 11 works referred to in such documents constitutes a complete list of UMG's copyrighted 12 works that have appeared on Veoh or as a representation that further factual 13 investigation and discovery will not reveal more of UMG's copyrighted works that 14 have appeared on Veoh. UMG further objects that this request calls for a legal 15 conclusion. 16 Subject to and without waiving the foregoing objections, UMG will produce 17 non-privileged responsive documents, if any, to the extent identified by a search of the 18 files of specific employees and executives that UMG will identify utilizing specific 19 search terms that UMG will identify. 20 REQUEST FOR PRODUCTION NO. 19: 21 All documents concerning violations of 17 U.S.C. § 106(6) that you claim or 22 believe Veoh has committed directly. 23 RESPONSE TO REQUEST FOR PRODUCTION NO. 19: 24 UMG incorporates by reference each of its General Objections. UMG further 25 objects to this request to the extent it calls for the production of privileged attorney- 26 client communications, attorney work product, or otherwise privileged or protected 27 material. UMG further objects that the request seeks information that is already in 28 241 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 2 objects to this request as vague and ambiguous as to what constitutes documents 3 "concerning" these violations. UMG further objects to the extent that this request 4 seeks documents that are not in UMG's possession, custody or control. UMG further 5 objects to this request on the grounds that it is premature insofar as UMG has not yet 6 been able to identify all of the specific works for which UMG alleges infringement in 7 this action as the information to do so is possessed by Veoh and not UMG. As a result, 8 the nonprivileged documents UMG produces in response to this request, if any, should 9 not be construed as a representation by UMG that the works referred to in such 10 documents constitutes a complete list of UMG's copyrighted works that have appeared 11 on Veoh or as a representation that further factual investigation and discovery will not 12 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 13 objects that this request calls for a legal conclusion. 14 Subject to and without waiving the foregoing objections, UMG will produce 15 non-privileged responsive documents, if any, to the extent identified by a search of the 16 files of specific employees and executives that UMG will identify utilizing specific 17 search terms that UMG will identify. 18 REQUEST FOR PRODUCTION NO. 20: 19 All documents constituting or identifying violations of 17 U.S.C. § 106(1) that 20 you claim or believe Veoh is vicariously liable for or constitute contributory 21 infringement by Veoh. 22 RESPONSE TO REQUEST FOR PRODUCTION NO. 20: 23 UMG incorporates by reference each of its General Objections. UMG further 24 objects to this request to the extent it calls for the production of privileged attorney- 25 client communications, attorney work product, or otherwise privileged or protected 26 material. UMG further objects that the request seeks information that is already in 27 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 28 242 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 objects to this request to the extent it requests documents that are not in UMG's 2 possession, custody or control. UMG further objects to this request on the grounds 3 that it is premature insofar as UMG has not yet been able to identify all of the specific 4 works for which UMG alleges infringement in this action as the information to do so 5 is possessed by Veoh and not UMG. As a result, the nonprivileged documents UMG 6 produces in response to this request, if any, should not be construed as a 7 representation by UMG that the works referred to in such documents constitutes a 8 complete list of UMG's copyrighted works that have appeared on Veoh or as a 9 representation that further factual investigation and discovery will not reveal more of 10 UMG's copyrighted works that have appeared on Veoh. UMG further objects that this 11 request calls for a legal conclusion. 12 Subject to and without waiving the foregoing objections, UMG will produce 13 non-privileged responsive documents, if any, to the extent identified by a search of the 14 files of specific employees and executives that UMG will identify utilizing specific 15 search terms that UMG will identify. 16 REQUEST FOR PRODUCTION NO. 21: 17 All documents constituting or identifying violations of 17 U.S.C. § 106(2) that 18 you claim or believe Veoh is vicariously liable for or constitute contributory 19 infringement by Veoh. 20 RESPONSE TO REQUEST FOR PRODUCTION NO. 21: 21 UMG incorporates by reference each of its General Objections. UMG further 22 objects to this request to the extent it calls for the production of privileged attorney- 23 client communications, attorney work product, or otherwise privileged or protected 24 material. UMG further objects that the request seeks information that is already in 25 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 26 objects to this request to the extent it requests documents that are not in UMG's 27 possession, custody or control. UMG further objects to this request on the grounds 28 243 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 that it is premature insofar as UMG has not yet been able to identify all of the specific 2 works for which UMG alleges infringement in this action as the information to do so 3 is possessed by Veoh and not UMG. As a result, the nonprivileged documents UMG 4 produces in response to this request, if any, should not be construed as a 5 representation by UMG that the works referred to in such documents constitutes a 6 complete list of UMG's copyrighted works that have appeared on Veoh or as a 7 representation that further factual investigation and discovery will not reveal more of 8 UMG's copyrighted works that have appeared on Veoh. UMG further objects that this 9 request calls for a legal conclusion. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 Subject to and without waiving the foregoing objections, UMG will produce 11 non-privileged responsive documents, if any, to the extent identified by a search of the 12 files of specific employees and executives that UMG will identify utilizing specific 13 search terms that UMG will identify. 14 REQUEST FOR PRODUCTION NO. 22: 15 All documents constituting or identifying violations of 17 U.S.C. § 106(3) that 16 you claim or believe Veoh is vicariously liable for or constitute contributory 17 infringement by Veoh. 18 RESPONSE TO REQUEST FOR PRODUCTION NO. 22: 19 UMG incorporates by reference each of its General Objections. UMG further 20 objects to this request to the extent it calls for the production of privileged attorney- 21 client communications, attorney work product, or otherwise privileged or protected 22 material. UMG further objects that the request seeks information that is already in 23 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 24 objects to this request to the extent it requests documents that are not in UMG's 25 possession, custody or control. UMG further objects to this request on the grounds 26 that it is premature insofar as UMG has not yet been able to identify all of the specific 27 works for which UMG alleges infringement in this action as the information to do so 28 244 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 is possessed by Veoh and not UMG. As a result, the nonprivileged documents UMG 2 produces in response to this request, if any, should not be construed as a 3 representation by UMG that the works referred to in such documents constitutes a 4 complete list of UMG's copyrighted works that have appeared on Veoh or as a 5 representation that further factual investigation and discovery will not reveal more of 6 UMG's copyrighted works that have appeared on Veoh. UMG further objects that this 7 request calls for a legal conclusion. 8 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 9 Subject to and without waiving the foregoing objections, UMG will produce non-privileged responsive documents, if any, to the extent identified by a search of the 10 files of specific employees and executives that UMG will identify utilizing specific 11 search terms that UMG will identify. 12 REQUEST FOR PRODUCTION NO. 23: 13 All documents constituting or identifying violations of 17 U.S.C. § 106(4) that 14 you claim or believe Veoh is vicariously liable for or constitute contributory 15 infringement by Veoh. 16 RESPONSE TO REQUEST FOR PRODUCTION NO.23: 17 UMG incorporates by reference each of its General Objections. UMG further 18 objects to this request to the extent it calls for the production of privileged attorney- 19 client communications, attorney work product, or otherwise privileged or protected 20 material. ' UMG further objects that the request seeks information that is already in 21 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 22 objects to this request to the extent it requests documents that are not in UMG's 23 possession, custody or control. UMG further objects to this request on the grounds 24 that it is premature insofar as UMG has not yet been able to identify all of the specific 25 works for which UMG alleges infringement in this action as the information to do so 26 is possessed by Veoh and not UMG. As a result, the nonprivileged documents UMG 27 produces in response to this request, if any, should not be construed as a 28 245 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 representation by UMG that the works referred to in such documents constitutes a 2 complete list of UMG's copyrighted works that have appeared on Veoh or as a 3 representation that further factual investigation and discovery will not reveal more of 4 UMG's copyrighted works that have appeared on Veoh. UMG further objects that this 5 request calls for a legal conclusion. 6 7 non-privileged responsive documents, if any, to the extent identified by a search of the 8 files of specific employees and executives that UMG will identify utilizing specific 9 search terms that UMG will identify. 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce 11 REQUEST FOR PRODUCTION NO. 24: All documents constituting or identifying violations of 17 U.S.C. § 106(5) that 12 you claim or believe Veoh is vicariously liable for or constitute contributory 13 infringement by Veoh. 14 RESPONSE TO REQUEST FOR PRODUCTION NO. 24: 15 UMG incorporates by reference each of its General Objections. UMG further 16 objects to this request to the extent it calls for the production of privileged attorney 17 client communications, attorney work product, or otherwise privileged or protected 18 material. UMG further objects that the request seeks information that is already in 19 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 20 objects to this request to the extent it requests documents that are not in UMG's 21 possession, custody or control. UMG farther objects to this request on the grounds that 22 it is premature insofar as UMG has not yet been able to identify all of the specific 23 works for which UMG alleges infringement in this action as the information to do so 24 is possessed by Veoh and not UMG. As a result, the nonprivileged documents UMG 25 produces in response to this request, if any, should not be construed as a 26 representation by UMG that the works referred to in such documents constitutes a 27 complete list of UMG's copyrighted works that have appeared on Veoh or as a 28 246 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 representation that further factual investigation and discovery will not reveal more of 2 UMG's copyrighted works that have appeared on Veoh. UMG further objects that this 3 request calls for a legal conclusion. 4 5 non-privileged responsive documents, if any, to the extent identified by a search of the 6 files of specific employees and executives that UMG will identify utilizing specific 7 search terms that UMG will identify. 8 REQUEST FOR PRODUCTION NO. 25: 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce All documents constituting or identifying violations of 17 U.S.C. § 106(6) that 10 you claim or believe Veoh is vicariously liable for or constitute contributory 11 infringement by Veoh. 12 RESPONSE TO REQUEST FOR PRODUCTION NO. 25: 13 UMG incorporates by reference each of its General Objections. UMG further 14 objects to this request to the extent it calls for the production of privileged attorney 15 client communications, attorney work product, or otherwise privileged or protected 16 material. UMG further objects that the request seeks information that is already in 17 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 18 objects to this request to the extent it requests documents that are not in UMG's 19 possession, custody or control. UMG further objects to this request on the grounds 20 that it is premature insofar as UMG has not yet been able to identify all of the specific 21 works for which UMG alleges infringement in this action as the information to do so 22 is possessed by Veoh and not UMG. As a result, the nonprivileged documents UMG 23 produces in response to this request, if any, should not be construed as a 24 representation by UMG that the works referred to in such documents constitutes a 25 complete list of UMG's copyrighted works that have appeared on Veoh or as a 26 representation that further factual investigation and discovery will not reveal more of 27 UMG's copyrighted works that have appeared on Veoh. UMG further objects that this 28 247 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 request calls for a legal conclusion. Subject to and without waiving the foregoing objections, UMG will produce 3 non-privileged responsive documents, if any, to the extent identified by a search of the 4 files of specific employees and executives that UMG will identify utilizing specific 5 search terms that UMG will identify. 6 REQUEST FOR PRODUCTION NO. 56: 7 All documents that support, relate or refer to your allegation in paragraph 8 of 8 the Complaint that "UMGR owns copyrights in" the "copyrighted sound recordings", 9 for each of the copyrighted sound recordings for which you claim infringement in this 10 action. 11 RESPONSE TO REQUEST FOR PRODUCTION NO. 56: 12 UMG incorporates by reference each of its General Objections. UMG further 13 objects that this request is overbroad, unduly burdensome, and seeks documents that 14 are neither relevant to the claims or defenses of any party nor reasonably calculated to 15 lead to the discovery of admissible evidence, in that it seeks "All documents that 16 support, relate or refer to" UMG's ownership of the exclusive rights under copyright 17 law to its copyrighted sound recordings. UMG further objects to this request on the 18 grounds that it is premature insofar as UMG has not yet been able to identify all of the 19 specific "copyrighted sound recordings" for which UMG seeks relief in this lawsuit, 20 as the information needed to do so is possessed by Veoh and not UMG. As a result, 21 the nonprivileged documents UMG produces in response to this request, if any, should 22 not be construed as a representation by UMG that the works referred to in such 23 documents constitutes a complete list of UMG's copyrighted works that have appeared 24 on Veoh or as a representation that further factual investigation and discovery will not 25 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 26 objects to this request to the extent it calls for the production of privileged attorney- 27 client communications, attorney work product, or otherwise privileged or protected 28 248 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 material. UMG further objects to this request as duplicative of Request for Production 2 No. 64. 3 4 imaged files of its copyright registrations and/or a list of such copyrights. 5 REQUEST FOR PRODUCTION NO. 57: 333 South Grand Avenue Los Angeles, CA 90071-1543 6 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce All documents evidencing, referring or relating to your allegation in paragraph 7 3 of the Complaint that "Veoh has directly and indirectly infringed thousands of 8 Plaintiffs' copyrighted sound recordings and musical compositions, which Veoh has 9 reproduced, adapted, displayed and distributed - and it has done so with the help of, 10 among others, Michael Eisner (former Chairman and CEO of The Walt Disney 11 Company), Goldman Sachs, and Time Warner Investments." 12 RESPONSE TO REQUEST FOR PRODUCTION NO. 57: 13 UMG incorporates by reference each of its General Objections. UMG further 14 objects on the grounds that the documents requested are already within Veoh's 15 possession, custody, and control, and therefore equally or more readily available to 16 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 17 burdensome, and seeks documents that are neither relevant to the claims or defenses 18 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 19 in that it seeks documents "referring or relating to" this allegation. UMG further 20 objects to this request on the grounds that it is premature insofar as UMG has not yet 21 been able to identify all of the specific copyrighted sound recordings and musical 22 compositions for which UMG alleges infringement in this action as the information to 23 do so is possessed by Veoh and not UMG. As a result, the nonprivileged documents 24 UMG produces in response to this request, if any, should not be construed as a 25 representation by UMG that the works referred to in such documents constitutes a 26 complete list of UMG's copyrighted works that have appeared on Veoh or as a 27 representation that further factual investigation and discovery will not reveal more of 28 249 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 UMG's copyrighted works that have appeared on Veoh. UMG further objects to this 2 request to the extent it calls for the production of privileged attorney-client 3 communications, attorney work product, or otherwise privileged or protected material. 4 UMG further objects to this request on the grounds that the phrase "evidencing, 5 referring or relating to" is vague and ambiguous. 6 7 non-privileged responsive documents, if any, to the extent identified by a search of the 8 files of specific employees and executives that UMG will identify utilizing specific 9 search terms that UMG will identify. 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce 11 REQUEST FOR PRODUCTION NO. 58: All documents evidencing, referring or relating to your allegation in paragraph 12 3 of the Complaint that Veoh makes "permanent copies on servers that it owns or 13 controls of audiovisual works containing Plaintiffs' copyrighted music." 14 RESPONSE TO REQUEST FOR PRODUCTION NO. 58: 15 UMG incorporates by reference each of its General Objections. UMG further 16 objects on the grounds that the documents requested are already within Veoh's 17 possession, custody, and control, and therefore equally or more readily available to 18 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 19 burdensome, and seeks documents that are neither relevant to the claims or defenses 20 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 21 in that it seeks documents "referring or relating to" this allegation, UMG further 22 objects to this request on the grounds that it is premature insofar as UMG has not yet 23 been able to identify all of the specific musical works for which UMG alleges 24 infringement in this action as the information to do so is possessed by Veoh and not 25 UMG. As a result, the nonprivileged documents UMG produces in response to this 26 request, if any, should not be construed as a representation by UMG that the works 27 referred to in such documents constitutes a complete list of UMG's copyrighted works 28 250 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 that have appeared on Veoh or as a representation that further factual investigation 2 and discovery will not reveal more of UMG's copyrighted works that have appeared 3 on Veoh. UMG further objects to this request to the extent it calls for the production 4 of privileged attorney-client communications, attorney work product, or otherwise 5 privileged or protected material. UMG further objects to this request on the grounds 6 that the phrase "evidencing, referring or relating to" is vague and ambiguous. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 7 Subject to and without waiving the foregoing objections, UMG will produce 8 non-privileged responsive documents, if any, to the extent identified by a search of the 9 files of specific employees and executives that UMG will identify utilizing specific 10 search terms that UMG will identify. 11 REQUEST FOR PRODUCTION NO. 59: 12 All documents evidencing, referring or relating to your allegation in paragraph 13 3 of the Complaint that Veoh "[converts] Plaintiffs [sic] audiovisual works into 14 commonly used video formats to facilitate infringement by Veoh's users." 15 RESPONSE TO REQUEST FOR PRODUCTION NO. 59: 16 UMG incorporates by reference each of its General Objections. UMG further 17 objects on the grounds that the documents requested are already within Veoh's 18 possession, custody, and control, and therefore equally or more readily available to 19 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 20 burdensome, and seeks documents that are neither relevant to the claims or defenses 21 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 22 in that it seeks documents "referring or relating to" this allegation. UMG further 23 objects to this request on the grounds that it is premature insofar as UMG has not yet 24 been able to identify all of the specific audiovisual works for which UMG alleges 25 infringement in this action as the information to do so is possessed by Veoh and not 26 UMG. As a result, the nonprivileged documents UMG produces in response to this 27 request, if any, should not be construed as a representation by UMG that the works 28 251 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 referred to in such documents constitutes a complete list of UMG's copyrighted works 2 that have appeared on Veoh or as a representation that further factual investigation 3 and discovery will not reveal more of UMG's copyrighted works that have appeared 4 on Veoh. UMG further objects to this request to the extent it calls for the production 5 of privileged attorney-client communications, attorney work product, or otherwise 6 privileged or protected material. UMG further objects to this request on the grounds 7 that the phrase "evidencing, referring or relating to" is vague and ambiguous. 8 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 9 Subject to and without waiving the foregoing objections, UMG will produce non-privileged responsive documents, if any, to the extent identified by a search of the 10 files of specific employees and executives that UMG will identify utilizing specific 11 search terms that UMG will identify. 12 REQUEST FOR PRODUCTION NO. 60: 13 All documents evidencing, referring or relating to your allegation in paragraph 14 3 of the Complaint that Veoh "virally [exploits] Plaintiffs' music and audiovisual 15 works without permission or a license." 16 RESPONSE TO REQUEST FOR PRODUCTION NO. 60: 17 UMG incorporates by reference each of its General Objections. UMG further 18 objects on the grounds that the documents requested are already within Veoh's 19 possession, custody, and control, and therefore equally or more readily available to 20 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 21 burdensome, and seeks documents that are neither relevant to the claims or defenses 22 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 23 in that it seeks documents "referring or relating to" this allegation. UMG further 24 objects to this request on the grounds that it is premature insofar as UMG has not yet 25 been able to identify all of the specific musical and audiovisual works for which UMG 26 alleges infringement in this action as the information to do so is possessed by Veoh 27 and not UMG. As a result, the nonprivileged documents UMG produces in response to 28 252 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 this request, if any, should not be construed as a representation by UMG that the 2 works referred to in such documents constitutes a complete list of UMG's copyrighted 3 works that have appeared on Veoh or as a representation that further factual 4 investigation and discovery will not reveal more of UMG's copyrighted works that 5 have appeared on Veoh. UMG further objects to this request to the extent it calls for 6 the production of privileged attorney-client communications, attorney work product, 7 or otherwise privileged or protected material. UMG further objects to this request on 8 the grounds that the phrase "evidencing, referring or relating to" is vague and 9 ambiguous. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 Subject to and without waiving the foregoing objections, UMG will produce 11 non-privileged responsive documents, if any, to the extent identified by a search of the 12 files of specific employees and executives that UMG will identify utilizing specific 13 search terms that UMG will identify. 14 REQUEST FOR PRODUCTION NO. 61: 15 All documents evidencing, referring or relating to your allegation in paragraph 16 3 of the Complaint that Veoh "[provides] free permanent downloads of Plaintiffs' 17 music and audiovisual works." 18 RESPONSE TO REQUEST FOR PRODUCTION NO. 61: 19 UMG incorporates by reference each of its General Objections. UMG further 20 objects on the grounds that the documents requested are already within Veoh's 21 possession, custody, and control, and therefore equally or more readily available to 22 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 23 burdensome, and seeks documents that are neither relevant to the claims or defenses 24 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 25 in that it seeks documents "referring or relating to" this allegation. UMG further 26 objects to this request on the grounds that it is premature insofar as UMG has not yet 27 been able to identify all of the specific musical and audiovisual works for which UMG 28 253 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 alleges infringement in this action as the information to do so is possessed by Veoh 2 and not UMG. As a result, the nonprivileged documents UMG produces in response to 3 this request, if any, should not be construed as a representation by UMG that the 4 works referred to in such documents constitutes a complete list of UMG`s copyrighted 5 works that have appeared on Veoh or as a representation that further factual 6 investigation and discovery will not reveal more of UMG's copyrighted works that 7 have appeared on Veoh. UMG further objects to this request to the extent it calls for 8 the production of privileged attorney-client communications, attorney work product, 9 or otherwise privileged or protected material. UMG further objects to this request on 10 the grounds that the phrase "evidencing, referring or relating to" is vague and 11 ambiguous. 12 Subject to and without waiving the foregoing objections, UMG will produce 13 non-privileged responsive documents, if any, to the extent identified by a search of the 14 files of specific employees and executives that UMG will identify utilizing specific 15 search terms that UMG will identify. 16 REQUEST FOR PRODUCTION NO. 62.: 17 All documents evidencing, referring or relating to your allegation in paragraph 18 4 of the Complaint that "Veoh has engaged in rampant infringement of Plaintiffs' 19 copyrighted music as part of Veoh's strategy to become one of the internet's most 20 popular and valuable 'video sharing' websites, and to thereby attract advertising 21 dollars and tens of millions of dollars of venture capital investment." 22 RESPONSE TO REQUEST FOR PRODUCTION NO. 62: 23 UMG incorporates by reference each of its General Objections. UMG further 24 objects on the grounds that the documents requested are already within Veoh's 25 possession, custody, and control, and therefore equally or more readily available to 26 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 27 burdensome, and seeks documents that are neither relevant to the claims or defenses 28 254 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 2 in that it seeks documents "referring or relating to" this allegation. UMG further 3 objects to this request on the grounds that it is premature insofar as UMG has not yet 4 been able to identify all of the specific works for which UMG alleges infringement in 5 this action as the information to do so is possessed by Veoh and not UMG. As a result, 6 the nonprivileged documents UMG produces in response to this request, if any, should 7 not be construed as a representation by UMG that the works referred to in such 8 documents constitutes a complete list of UMG's copyrighted works that have appeared 9 on Veoh or as a representation that further factual investigation and discovery will not 10 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 11 objects to this request to the extent it calls for the production of privileged attorney- 12 client communications, attorney work product, or otherwise privileged or protected 13 material. UMG further objects to this request on the grounds that the phrase 14 "evidencing, referring or relating to" is vague and ambiguous. 15 Subject to and without waiving the foregoing objections, UMG will produce 16 non-privileged responsive documents, if any, to the extent identified by a search of the 17 files of specific employees and executives that UMG will identify utilizing6 specific 18 search terms that UMG will identify. 19 REQUEST FOR PRODUCTION NO. 63: 20 All documents evidencing, referring or relating to your allegation in paragraph 21 4 of the Complaint that "Veoh's business plan is based on theft." 22 RESPONSE TO REQUEST FOR PRODUCTION NO. 63: 23 UMG incorporates by reference each of its General Objections. UMG further 24 objects on the grounds that the documents requested are already within Veoh's 25 possession, custody, and control, and therefore equally or more readily available to 26 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 27 burdensome, and seeks documents that are neither relevant to the claims or defenses 28 255 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 2 in that it seeks documents "referring or relating to" this allegation. UMG further 3 objects to this request on the grounds that it is premature insofar as UMG has not yet 4 been able to identify all of the specific works for which UMG alleges infringement in 5 this action as the information to do so is possessed by Veoh and not UMG. As a result, 6 the nonprivileged documents UMG produces in response to this request, if any, should 7 not be construed as a representation by UMG that the works referred to in such 8 documents constitutes a complete list of UMG's copyrighted works that have appeared 9 on Veoh or as a representation that further factual investigation and discovery will not 10 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 11 objects to this request to the extent it calls for the production of privileged attorney- 12 client communications, attorney work product, or otherwise privileged or protected 13 material. UMG further objects to this request on the grounds that the phrase 14 "evidencing, referring or relating to" is vague and ambiguous. 15 Subject to and without waiving the foregoing objections, UMG will produce 16 non-privileged responsive documents, if any, to the extent identified by a search of the 17 files of specific employees and executives that UMG will identify utilizing specific 18 search terms that UMG will identify. 19 REQUEST FOR PRODUCTION NO. 64: 20 All documents evidencing, referring or relating to your allegation in paragraph 21 8 of the Complaint that "UMGR owns copyrights in ... the 'copyrighted sound 22 recordings' for which UMGR has obtained or has applied for Certificates of Copyright 23 Registration issued by the Register of Copyrights," for each of the copyrighted sound 24 recordings for which you claim infringement in this action. 25 RESPONSE TO REQUEST FOR PRODUCTION NO. 64: 26 UMG incorporates by reference each of its General Objections. UMG further 27 objects that this request is overbroad, unduly burdensome, and seeks documents that 28 256 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 are neither relevant to the claims or defenses of any party nor reasonably calculated to 2 lead to the discovery of admissible evidence, in that it seeks documents "referring or 3 relating to" this allegation. UMG further objects that this request is overbroad, unduly 4 burdensome, and seeks documents that are neither relevant to the claims or defenses 5 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 6 in that it seeks documents "referring or relating to" this allegation. UMG further 7 objects to this request on the grounds that it is premature insofar as UMG has not yet 8 been able to identify all of the specific copyrighted sound recordings for which UMG 9 alleges infringement in this action as the information to do so is possessed by Veoh 10 and not UMG. As a result, the nonprivileged documents UMG produces in response to 11 this request, if any, should not be construed as a representation by UMG that the 12 works referred to in such documents constitutes a complete list of UMG's copyrighted 13 works that have appeared on Veoh or as a representation that further factual 14 investigation and discovery will not reveal more of UMG`s copyrighted works that 15 have appeared on Veoh. UMG further objects to this request to the extent it calls for 16 the production of privileged attorney-client communications, attorney work product, 17 or otherwise privileged or protected material. UMG further objects to this request on 18 the grounds that the phrase "evidencing, referring or relating to" is vague and 19 ambiguous. UMG further objects to this request as duplicative of Request for 20 Production No. 56. 21 Subject to and without waiving the foregoing objections, UMG will produce 22 non-privileged responsive documents, if any, to the extent identified by a search of the 23 files of specific employees and executives that UMG will identify utilizing specific 24 search terms that UMG will identify. 25 REQUEST FOR PRODUCTION NO. 66: 26 27 28 All documents evidencing, referring or relating to your allegation in paragraph 9 of the Complaint that "UMGR has the exclusive rights ... to reproduce the 257 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 copyrighted sound recordings in copies or phonorecords; to prepare derivative 2 audiovisual works based upon the copyrighted sound recordings; to distribute copies 3 or phonorecords of the copyrighted sound recordings to the public; and to perform the 4 copyrighted sound recordings publicly by means of a digital audio transmission," for 5 each of the copyrighted sound recordings for which you claim infringement in this 6 action. 7 RESPONSE TO REQUEST FOR PRODUCTION NO. 66: 8 UMG incorporates by reference each of its General Objections. UMG further 9 objects that this request is overbroad, unduly burdensome, and seeks documents that 10 are neither relevant to the claims or defenses of any party nor reasonably calculated to 11 lead to the discovery of admissible evidence, in that it seeks documents "referring or 12 relating to" this allegation. UMG further objects to this request on the grounds that it 13 is premature insofar as UMG has not yet been able to identify all of the specific 14 copyrighted sound recordings for which UMG alleges infringement in this action as 15 the information to do so is possessed by Veoh and not UMG. As a result, the 16 nonprivileged documents UMG produces in response to this request, if any, should 17 not be construed as a representation by UMG that the works referred to in such 18 documents constitutes a complete list of UMG's copyrighted works that have appeared 19 on Veoh or as a representation that further factual investigation and discovery will not 20 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 21 objects to this request to the extent that it seeks documents already within Veoh's 22 possession, custody, or control, and therefore equally or more readily available to 23 Veoh than to UMG. UMG further objects to this request to the extent it calls for the 24 production of privileged attorney-client communications, attorney work product, or 25 otherwise privileged or protected material. UMG further objects to this request on the 26 grounds that the phrase "evidencing, referring or relating to" is vague and ambiguous. 27 UMG further objects to this request on the grounds that it seeks the production legal 28 258 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 authorities, for example, treatises, case law, and the like which are equally available to 2 Veoh as to UMG. 3 4 17 U.S.C. § 106. 5 REQUEST FOR PRODUCTION NO. 67: 333 South Grand Avenue Los Angeles, CA 90071-1543 6 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG refers Veoh to All documents evidencing, referring or relating to your allegation in paragraph 7 10 of the Complaint that "UMC, SOU, UPIP, RMI, and MGB, Z-Tunes, and MGB 8 UK own (in whole or in part) copyrights in" the "copyrighted musical compositions," 9 for each of the copyrighted musical compositions for which you claim infringement in 10 this action. 11 RESPONSE TO REQUEST FOR PRODUCTION NO. 67: 12 UMG incorporates by reference each of its General Objections. UMG further 13 objects that this request is overbroad, unduly burdensome, and seeks documents that 14 are neither relevant to the claims or defenses of any party nor reasonably calculated to 15 lead to the discovery of admissible evidence, in that it seeks documents "referring or 16 relating to" this allegation. UMG further objects to this request on the grounds that it 17 is premature insofar as UMG has not yet been able to identify all of the specific 18 copyrighted musical compositions for which UMG alleges infringement in this action 19 as the information to do so is possessed by Veoh and not UMG. As a result, the 20 nonprivileged documents UMG produces in response to this request, if any, should 21 not be construed as a representation by UMG that the works referred to in such 22 documents constitutes a complete list of UMG's copyrighted works that have appeared 23 on Veoh or as a representation that further factual investigation and discovery will not 24 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 25 objects to this request to the extent it calls for the production of privileged attorney- 26 client communications, attorney work product, or otherwise privileged or protected 27 material. UMG further objects to this request on the grounds that the phrase 28 259 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 imaged files of its copyright registrations and/or a list of such copyrights. 4 REQUEST FOR PRODUCTION NO. 68: All documents evidencing, referring or relating to your allegation in paragraph 6 10 of the Complaint that "UMC, SOU, UPIP, RMI, and MGB, Z-Tunes, and MGB 7 UK .. have obtained or have applied for Certificates of Copyright Registration issued 8 by the Register of Copyrights," for each of the copyrighted musical compositions for 9 which you claim infringement in this action. 10 333 South Grand Avenue Los Angeles, CA 90071-1543 Subject to and without waiving the foregoing objections, UMG will produce 3 5 Winston & Strawn LLP "evidencing, referring or relating to" is vague and ambiguous. RESPONSE TO REQUEST FOR PRODUCTION NO. 68: 11 UMG incorporates by reference each of its General Objections. UMG further 12 objects that this request is overbroad, unduly burdensome, and seeks documents that 13 are neither relevant to the claims or defenses of any party nor reasonably calculated to 14 lead to the discovery of admissible evidence, in that it seeks documents "referring or 15 relating to" this allegation. UMG further objects to this request on the grounds that it 16 is premature insofar as UMG has not yet been able to identify all of the specific 17 copyrighted musical compositions for which UMG alleges infringement in this action 18 as the information to do so is possessed by Veoh and not UMG. As a result, the 19 nonprivileged documents UMG produces in response to this request, if any, should 20 not be construed as a representation by UMG that the works referred to in such 21 documents constitutes a complete list of UMG's copyrighted works that have appeared 22 on Veoh or as a representation that further factual investigation and discovery will not 23 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 24 objects to this request to the extent it calls for the production of privileged attorney- 25 client communications, attorney work product, or otherwise privileged or protected 26 material. UMG further objects to this request on the grounds that the phrase 27 "evidencing, referring or relating to" is vague and ambiguous. 28 260 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 Subject to and without waiving the foregoing objections, UMG will produce 2 imaged files of its copyright registrations and/or a list of such copyrights. 3 REQUEST FOR PRODUCTION NO. 70: 4 All documents evidencing, referring or relating to your allegation in paragraph 5 11 of the Complaint that "UMC, SOU, UPIP, RMI or MGB, Z-Tunes, and MGB UK 6 have the exclusive rights ... to reproduce the copyrighted musical compositions in 7 phonorecords; to prepare derivative audiovisual works based upon the copyrighted 8 musical compositions; and to perform the copyrighted musical compositions 9 publicly," for each of the copyrighted musical compositions for which you claim 10 infringement in this action. 11 RESPONSE TO REQUEST FOR PRODUCTION NO. 70: 12 UMG incorporates by reference each of its General Objections. UMG further 13 objects that this request is overbroad, unduly burdensome, and seeks documents that 14 are neither relevant to the claims or defenses of any party nor reasonably calculated to 15 lead to the discovery of admissible evidence, in that it seeks documents "referring or 16 relating to" this allegation. UMG further objects to this request on the grounds that it 17 is premature insofar as UMG has not yet been able to identify all of the specific 18 copyrighted musical compositions for which UMG alleges infringement in this action 19 as the information to do so is possessed by Veoh and not UMG. As a result, the 20 nonprivileged documents UMG produces in response to this request, if any, should 21 not be construed as a representation by UMG that the works referred to in such 22 documents constitutes a complete list of UMG's copyrighted works that have appeared 23 on Veoh or as a representation that further factual investigation and discovery will not 24 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 25 objects to this request to the extent it calls for the production of privileged attorney- 26 client communications, attorney work product, or otherwise privileged or protected 27 material. UMG further objects to this request on the grounds that the phrase 28 261 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 imaged files of its copyright registrations and/or a list of such copyrights: 4 REQUEST FOR PRODUCTION NO. 71: All documents evidencing, referring or relating to your allegation in paragraph 6 13 of the Complaint that "Veoh is well aware of the mass infringement it has 7 facilitated." 8 RESPONSE TO REQUEST FOR PRODUCTION NO. 71: 9 333 South Grand Avenue Los Angeles, CA 90071-1543 Subject to and without waiving the foregoing objections, UMG will produce 3 5 Winston & Strawn LLP "evidencing, referring or relating to" is vague and ambiguous. UMG incorporates by reference each of its General Objections. UMG further 10 objects on the grounds that the documents requested are already within Veoh's 11 possession, custody, and control, and therefore equally or more readily available to 12 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 13 burdensome, and seeks documents that are neither relevant to the claims or defenses 14 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 15 in that it seeks documents "referring or relating to" this allegation. UMG further 16 objects to this request to the extent it calls for the production of privileged attorney- 17 client communications, attorney work product, or otherwise privileged or protected 18 material. UMG further objects to this request on the grounds that the phrase 19 "evidencing, referring or relating to" is vague and ambiguous. 20 Subject to and without waiving the foregoing objections, UMG will produce 21 non-privileged responsive documents, if any, to the extent identified by a search of the 22 files of specific employees and executives that UMG will identify utilizing specific 23 search terms that UMG will identify. 24 REQUEST FOR PRODUCTION NO. 72: 25 All documents that evidence facts alleged in paragraph 13 of the Complaint that 26 "Veoh consciously is seeking to enjoy the benefits of exploiting copyrighted content, 27 such as increased traffic on its website, without having to pay copyright owners for 28 262 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 using their content." 2 RESPONSE TO REQUEST FOR PRODUCTION NO. 72: 3 4 objects on the grounds that the documents requested are already within Veoh's 5 possession, custody, and control, and therefore equally or more readily available to 6 Veoh than to UMG. UMG further objects to this request to the extent it calls for the 7 production of privileged attorney-client communications, attorney work product, or 8 otherwise privileged or protected material. 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP UMG incorporates by reference each of its General Objections. UMG further Subject to and without waiving the foregoing objections, UMG will produce 10 non-privileged responsive documents, if any, to the extent identified by a search of the 11 files of specific employees and executives that UMG will identify utilizing specific 12 search terms that UMG will identify. 13 REQUEST FOR PRODUCTION NO. 73: 14 All documents evidencing, referring or relating to the allegations in paragraph 15 14 of the Complaint that Veoh's investors "benefit from Veoh's infringing acts." 16 RESPONSE TO REQUEST FOR PRODUCTION NO. 73: 17 UMG incorporates by reference each of its General Objections. UMG further 18 objects on the grounds that the documents requested are already within Veoh's 19 possession, custody, and control, and therefore equally or more readily available to 20 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 21 burdensome, and seeks documents that are neither relevant to the claims or defenses 22 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 23 in that it seeks documents "referring or relating to" this allegation. UMG further 24 objects to this request to the extent it calls for the production of privileged attorney- 25 client communications, attorney work product, or otherwise privileged or protected 26 material. UMG further objects to this request on the grounds that the phrase 27 "evidencing, referring or relating to" is vague and ambiguous. 28 263 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 non-privileged responsive documents, if any, to the extent identified by a search of the 3 files of specific employees and executives that UMG will identify utilizing specific 4 search terms that UMG will identify. 5 REQUEST FOR PRODUCTION NO. 74.: 6 333 South Grand Avenue Los Angeles, CA 90071-1543 All documents evidencing, referring or relating to the allegations in paragraph 7 16 of the Complaint that "each of the Defendants was the agent of each of the other 8 defendants and, in doing the things alleged in this complaint, were acting within the 9 course and scope of such agency." 10 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce 11 RESPONSE TO REQUEST FOR PRODUCTION NO. 74: UMG incorporates by reference each of its General Objections. UMG further 12 objects on the grounds that the documents requested are already within Veoh's 13 possession, custody, and control, and therefore equally or more readily available to 14 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 15 burdensome, and seeks documents that are neither relevant to the claims or defenses 16 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 17 in that it seeks documents "referring or relating to" this allegation. UMG further 18 objects to this request to the extent it calls for the production of privileged attorney- 19 client communications, attorney work product, or otherwise privileged or protected 20 material. UMG further objects to this request on the grounds that the phrase 21 "evidencing, referring or relating to" is vague and ambiguous. 22 Subject to and without waiving the foregoing objections, UMG will produce 23 non-privileged responsive documents, if any, to the extent identified by a search of the 24 files of specific employees and executives that UMG will identify utilizing specific 25 search terms that UMG will identify. 26 REQUEST FOR PRODUCTION NO. 75: 27 28 All documents evidencing, referring or relating to the allegations in paragraph 264 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 17 of your complaint that Veoh has created software and services "designed to 2 encourage, induce, and enable members of the public to make, upload, download, 3 'share,' sell, rent, and distribute permanent copies of videos without regard to the 4 rights of copyright owners." 5 RESPONSE TO REQUEST FOR PRODUCTION NO. 75: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 6 UMG incorporates by reference each of its General Objections. UMG further 7 objects on the grounds that the documents requested are already within Veoh's 8 possession, custody, and control, and therefore equally or more readily available to 9 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 10 burdensome, and seeks documents that are neither relevant to the claims or defenses 11 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 12 in that it seeks documents "referring or relating to" this allegation. UMG further 13 objects to this request to the extent it calls for the production of privileged attorney- 14 client communications, attorney work product, or otherwise privileged or protected 15 material. UMG further objects to this request on the grounds that the phrase 16 "evidencing, referring or relating to" is vague and ambiguous. 17 Subject to and without waiving the foregoing objections, UMG will produce 18 non-privileged responsive documents, if any, to the extent identified by a search of the 19 files of specific employees and executives that UMG will identify utilizing specific 20 search terms that UMG will identify. 21 REQUEST FOR PRODUCTION NO. 76: 22 All documents evidencing, referring or relating to the allegations in paragraph 23 17 of your complaint that "Veoh uses the Veohnet p2p service to facilitate the 24 distribution of high quality copies of infringing content over the internet and to enable 25 Veoh to exploit its members' computers to engage in acts of copyright infringement." 26 RESPONSE TO REQUEST FOR PRODUCTION NO. 76: 27 28 UMG incorporates by reference each of its General Objections. UMG further 265 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 objects on the grounds that the documents requested are already within Veoh's 2 possession, custody, and control, and therefore equally or more readily available to 3 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 4 burdensome, and seeks documents that are neither relevant to the claims or defenses 5 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 6 in that it seeks documents "referring or relating to" this allegation. UMG further 7 objects to this request to the extent it calls for the production of privileged attorney- 8 client communications, attorney work product, or otherwise privileged or protected 9 material. UMG further objects to this request on the grounds that the phrase 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 11 "evidencing, referring or relating to" is vague and ambiguous. Subject to and without waiving the foregoing objections, UMG will produce 12 non-privileged responsive documents, if any, to the extent identified by a search of the 13 files of specific employees and executives that UMG will identify utilizing specific 14 search terms that UMG will identify. 15 REQUEST FOR PRODUCTION NO. 77: 16 All documents evidencing, referring or relating to the allegations in paragraph 17 20 of your complaint that "by offering thousands of infringing works for free viewing 18 and downloading, and by providing sophisticated tools that enable the reproduction 19 and dissemination of video over the internet, the Veoh.com website has been able to 20 attract millions of unique visitors each month." 21 RESPONSE TO REQUEST FOR PRODUCTION NO. 77: 22 UMG incorporates by reference each of its General Objections. UMG further 23 objects on the grounds that the documents requested are already within Veoh's 24 possession, custody, and control, and therefore equally or more readily available to 25 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 26 burdensome, and seeks documents that are neither relevant to the claims or defenses 27 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 28 266 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 in that it seeks documents "referring or relating to" this allegation. UMG further 2 objects to this request to the extent it calls for the production of privileged attorney- 3 client communications, attorney work product, or otherwise privileged or protected 4 material. UMG further objects to this request on the grounds that the phrase 5 "evidencing, referring or relating to" is vague and ambiguous. 6 7 non-privileged responsive documents, if any, to the extent identified by a search of the 8 files of specific employees and executives that UMG will identify utilizing specific 9 search terms that UMG will identify. 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce 11 REQUEST FOR PRODUCTION NO.78: All documents evidencing, referring or relating to the allegations in paragraph 12 20 of your complaint that "Veoh directly profits from its mass infringement by, among 13 other things, selling targeted advertisements that reflect what content (including 14 infringing content) Veoh's members are viewing, and by sharing in revenues when 15 members use Veoh's services to rent or sell videos." 16 RESPONSE TO REQUEST FOR PRODUCTION NO. 78: 17 UMG incorporates by reference each of its General Objections. UMG further 18 objects on the grounds that the documents requested are already within Veoh's 19 possession, custody, and control, and therefore equally or more readily available to 20 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 21 burdensome, and seeks documents that are neither relevant to the claims or defenses 22 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 23 in that it seeks documents "referring or relating to" this allegation. UMG further 24 objects to this request to the extent it calls for the production of privileged attorney- 25 client communications, attorney work product, or otherwise privileged or protected 26 material. UMG further objects to this request on the grounds that the phrase 27 "evidencing, referring or relating to" is vague and ambiguous. 28 267 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 non-privileged responsive documents, if any, to the extent identified by a search of the 3 files of specific employees and executives that UMG will identify utilizing specific 4 search terms that UMG will identify. 5 REQUEST FOR PRODUCTION NO. 79: 6 333 South Grand Avenue Los Angeles, CA 90071-1543 All documents evidencing, referring or relating to the allegations in paragraph 7 21 of the Complaint, that "Veoh engages in direct infringement and indirect 8 infringement of Plaintiffs' copyrights". 9 RESPONSE TO REQUEST FOR PRODUCTION NO. 79: 10 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce UMG incorporates by reference each of its General Objections. UMG further 11 objects on the grounds that the documents requested are already within Veoh's 12 possession, custody, and control, and therefore equally or more readily available to 13 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 14 burdensome, and seeks documents that are neither relevant to the claims or defenses 15 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 16 in that it seeks documents "referring or relating to" this allegation. UMG further 17 objects to this request on the grounds that it is premature insofar as UMG has not yet 18 been able to identify all of the specific copyrights for which UMG alleges 19 infringement in this action as the information to do so is possessed by Veoh and not 20 UMG. As a result, the nonprivileged documents UMG produces in response to this 21 request, if any, should not be construed as a representation by UMG that the works 22 referred to in such documents constitutes a complete list of UMG's copyrighted works 23 that have appeared on Veoh or as a representation that further factual investigation 24 and discovery will not reveal more of UMG's copyrighted works that have appeared 25 on Veoh. UMG further objects to this request to the extent it calls for the production 26 of privileged attorney-client communications, attorney work product, or otherwise 27 privileged or protected material. UMG further objects to this request on the grounds 28 268 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 333 South Grand Avenue Los Angeles, CA 90071-1543 Subject to and without waiving the foregoing objections, UMG will produce 3 non-privileged responsive documents, if any, to the extent identified by a search of the 4 files of specific employees and executives that UMG will identify utilizing specific 5 search terms that UMG will identify. 6 REQUEST FOR PRODUCTION NO. 80: 7 Winston & Strawn LLP that the phrase "evidencing, referring or relating to" is vague and ambiguous. All documents evidencing, referring or relating to the allegations in paragraph 8 21(a) of the Complaint that "in furtherance of its direct and indirect infringement" 9 Veoh "reproduced (i.e. made permanent copies of audiovisual works containing 10 thousands of Plaintiffs' copyrighted works on servers that Veoh owns or controls." 11 RESPONSE TO REQUEST FOR PRODUCTION NO. 80: 12 UMG incorporates by reference each of its General Objections. UMG further 13 objects on the grounds that the documents requested are already within Veoh's 14 possession, custody, and control, and therefore equally or more readily available to 15 Veoh than to UMG, UMG further objects that this request is overbroad, unduly 16 burdensome, and seeks documents that are neither relevant to the claims or defenses 17 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 18 in that it seeks documents "referring or relating to" this allegation. UMG further 19 objects to this request on the grounds that it is premature insofar as UMG has not yet 20 been able to identify all of the specific copyrighted works for which UMG alleges 21 infringement in this action as the information to do so is possessed by Veoh b and not 22 UMG. As a result, the nonprivileged documents UMG produces in response to this 23 request, if any, should not be construed as a representation by UMG that the works 24 referred to in such documents constitutes a complete list of UMG's copyrighted works 25 that have appeared on Veoh or as a representation that further factual investigation 26 and discovery will not reveal more of UMG's copyrighted works that have appeared 27 on Veoh. UMG further objects to this request to the extent it calls for the production 28 269 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 of privileged attorney-client communications, attorney work product, or otherwise 2 privileged or protected material. UMG further objects to this request on the grounds 3 that the phrase "evidencing, referring or relating to" is vague and ambiguous. 4 5 non-privileged responsive documents, if any, to the extent identified by a search of the 6 files of specific employees and executives that UMG will identify utilizing specific 7 search terms that UMG will identify. 8 REQUEST FOR PRODUCTION NO. 81: 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce All documents evidencing, referring or relating to the allegations in paragraph 10 21 (e) of the Complaint that "in furtherance of its direct and indirect infringement" 11 Veoh "induced and enabled Veoh members to upload copies of videos without the 12 authorization of the copyright owner, including videos copied from third party 13 websites without authorization of the website or the copyright owner (and often in 14 violation of the third party website's terms of use)." 15 RESPONSE TO REQUEST FOR PRODUCTION NO. 81: 16 UMG incorporates by reference each of its General Objections. UMG further 17 objects on the grounds that the documents requested are already within Veoh's 18 possession, custody, and control, and therefore equally or more readily available to 19 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 20 burdensome, and seeks documents that are neither relevant to the claims or defenses 21 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 22 in that it seeks documents "referring or relating to" this allegation. UMG further 23 objects to this request to the extent it calls for the production of privileged attorney- 24 client communications, attorney work product, or otherwise privileged or protected 25 material. UMG further objects to this request on the grounds that the phrase 26 "evidencing, referring or relating to" is vague and ambiguous. 27 28 Subject to and without waiving the foregoing objections, UMG will produce 270 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 non-privileged responsive documents, if any, to the extent identified by a search of the 2 files of specific employees and executives that UMG will identify utilizing specific 3 search terms that UMG will identify. 4 5 6 7 8 9 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR PRODUCTION NO. 82: All documents evidencing, referring or relating to the allegations in paragraph 21 (g) of your complaint that Veoh "created and distributed Veoh's client software, which Veoh knows is being used to infringe copyrights." RESPONSE TO REQUEST FOR PRODUCTION NO. 82: UMG incorporates by reference each of its General Objections. UMG further objects on the grounds that the documents requested are already within Veoh's possession, custody, and control, and therefore equally or more readily available to Veoh than to UMG. UMG further objects that this request is overbroad, unduly burdensome, and seeks documents that are neither relevant to the claims or defenses of any party nor reasonably calculated to lead to the discovery of admissible evidence, in that it seeks documents "referring or relating to" this allegation. UMG further objects to this request to the extent it calls for the production of privileged attorneyclient communications, attorney work product, or otherwise privileged or protected material. UMG further objects to this request on the grounds that the phrase "evidencing, referring or relating to" is vague and ambiguous. Subject to and without waiving the foregoing objections, UMG will produce non-privileged responsive documents, if any, to the extent identified by a search of the files of specific employees and executives that UMG will identify utilizing specific search terms that UMG will identify. REQUEST FOR PRODUCTION NO. 83: All' documents evidencing, referring or relating to the allegations in paragraph 21 (f) of your complaint that Veoh "failed to use its right and ability to filter or screen for copyright infringement." 271 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 RESPONSE TO REQUEST FOR PRODUCTION NO. 83: UMG incorporates by reference each of its General Objections. UMG further 3 objects that this request is vague and ambiguous and/or unintelligible in that paragraph 4 21 (f) of UMG's complaint does not include the language quoted. UMG further 5 objects to this request on the grounds that the phrase "evidencing, referring or relating 6 to" is vague and ambiguous. UMG further objects on the grounds that the documents 7 requested are already within Veoh's possession, custody, and control, and therefore 8 equally or more readily available to Veoh than to UMG. UMG further objects that this 9 request is overbroad, unduly burdensome, and seeks documents that are neither 10 relevant to the claims or defenses of any party nor reasonably calculated to lead to the 11 discovery of admissible evidence, in that it seeks documents "referring or relating to" 12 this allegation. UMG further objects to this request to the extent it calls for the 13 production of privileged attorney-client communications, attorney work product, or 14 otherwise privileged or protected material. 15 REQUEST FOR PRODUCTION NO. 84: 16 All documents evidencing, referring or relating to the allegations in paragraph 17 21 (1) of your complaint that Veoh "provided users with anonymity to upload, view, 18 download, copy and/or further distribute audiovisual works." 19 RESPONSE TO REQUEST FOR PRODUCTION NO. 84: 20 UMG incorporates by reference each of its General Objections. UMG further 21 objects on the grounds that the documents requested are already within Veoh's 22 possession, custody, and control, and therefore equally or more readily available to 23 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 24 burdensome, and seeks documents that are neither relevant to the claims or defenses 25 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 26 in that it seeks documents "referring or relating to" this allegation. UMG further 27 objects to this request to the extent it calls for the production of privileged attorney- 28 272 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 client communications, attorney work product, or otherwise privileged or protected 2 material. UMG further objects to this request on the grounds that the phrase 3 "evidencing, referring or relating to" is vague and ambiguous. 4 5 non-privileged responsive documents, if any, to the extent identified by a search of the 6 files of specific employees and executives that UMG will identify utilizing specific 7 search terms that UMG will identify. 8 REQUEST FOR PRODUCTION NO. 85: 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce All documents evidencing, referring or relating to the allegations in paragraph 10 21 (m) of your complaint that "for each video that a viewer watches, [Veoh] generated 11 a selection of 'related' videos - which regularly includes copyrighted works - for users 12 to consider while watching the video." 13 RESPONSE TO REQUEST FOR PRODUCTION NO. 85: 14 UMG incorporates by reference each of its General Objections. UMG further 15 objects on the grounds that the documents requested are already within Veoh's 16 possession, custody, and control, and therefore equally or more readily available to 17 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 18 burdensome, and seeks documents that are neither relevant to the claims or defenses 19 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 20 in that it seeks documents "referring or relating to" this allegation. UMG further 21 objects to this request to the extent it calls for the production of privileged attorney- 22 client communications, attorney work product, or otherwise privileged or l I protected 23 material. UMG further objects to this request on the grounds that the phrase 24 "evidencing, referring or relating to" is vague and ambiguous. 25 Subject to and without waiving the foregoing objections, UMG will produce 26 non-privileged responsive documents, if any, to the extent identified by a search of the 27 files of specific employees and executives that UMG will identify utilizing specific 28 273 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 search terms that UMG will identify. 2 REQUEST FOR PRODUCTION NO. 86: 3 4 22 of your complaint that "the foregoing acts indicate Veoh's ability and intent to 5 facilitate, encourage, and profit from the mass unauthorized exploitation of 6 copyrighted content, including Plaintiffs' copyrighted sound recordings and 7 copyrighted musical compositions." 8 RESPONSE TO REQUEST FOR PRODUCTION NO 86: 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP All documents evidencing, referring or relating to the allegations in paragraph UMG incorporates by reference each of its General Objections. UMG further 10 objects on the grounds that the documents requested are already within Veoh's 11 possession, custody, and control, and therefore equally or more readily available to 12 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 13 burdensome, and seeks documents that are neither relevant to the claims or defenses 14 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 15 in that it seeks documents "referring or relating to" this allegation. UMG further 16 objects to this request on the grounds that it is premature insofar as UMG has not yet 17 been able to identify all of the specific copyrighted sound recordings and copyrighted 18 musical compositions for which UMG alleges infringement in this action as the 19 information to do so is possessed by Veoh and not UMG. As a result, the 20 nonprivileged documents UMG produces in response to this request, if any, should 21 not be construed as a representation by UMG that the works referred to in such 22 documents constitutes a complete list of UMG's copyrighted works that have appeared 23 on Veoh or as a representation that further factual investigation and discovery will not 24 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 25 objects to this request to the extent it calls for the production of privileged attorney- 26 client communications, attorney work product, or otherwise privileged or protected 27 material. UMG further objects to this request on the grounds that the phrase 28 274 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 "evidencing, referring or relating to" is vague and ambiguous. Subject to and without waiving the foregoing objections, UMG will produce 3 non-privileged responsive documents, if any, to the extent identified by a search of the 4 files of specific employees and executives that UMG will identify utilizing specific 5 search terms that UMG will identify. 6 REQUEST FOR PRODUCTION NO. 87: 7 All documents evidencing, referring or relating to the allegations in. paragraph 8 22 of your complaint that "Veoh currently provides several methods by which a Veoh 9 user can easily view, permanently copy, and/or share unauthorized reproductions of 10 music videos." 11 RESPONSE TO REQUEST FOR PRODUCTION NO. 87: 12 UMG incorporates by reference each of its General Objections. UMG further 13 objects that this request is vague and ambiguous and/or unintelligible in that paragraph 14 22 of UMG's complaint does not include the language quoted. UMG further objects to 15 this request on the grounds that the phrase "evidencing, referring or relating to" is 16 vague and ambiguous. UMG further objects on the grounds that the documents 17 requested are already within Veoh's possession, custody, and control, and therefore 18 equally or more readily available to Veoh than to UMG. UMG further objects that this 19 request is overbroad, unduly burdensome, and seeks documents that are neither 20 relevant to the claims or defenses of any party nor reasonably calculated to lead to the 21 discovery of admissible evidence, in that it seeks documents "referring or relating to" 22 this allegation. UMG further objects to this request to the extent it calls for the 23 production of privileged attorney-client communications, attorney work product, or 24 otherwise privileged or protected material. 25 REQUEST FOR PRODUCTION NO. 88: 26 27 28 All documents evidencing, referring or relating to the allegations in paragraph 23 of the Complaint that "any member of the public can, for example, visit Veoh.com 275 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 where thousands of infringing works are available for immediate viewing, 2 downloading and other forms of "sharing." 3 RESPONSE TO REQUEST FOR PRODUCTION NO. 88: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 4 UMG incorporates by reference each of its General Objections. UMG further 5 objects on the grounds that the documents requested are already within Veoh's 6 possession, custody, and control, and therefore equally or more readily available to 7 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 8 burdensome, and seeks documents that are neither relevant to the claims or defenses 9 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 10 in that it seeks documents "referring or relating to" this allegation. UMG further 11 objects to this request to the extent it calls for the production of privileged attorney- 12 client communications, attorney work product, or otherwise privileged or protected 13 material. UMG further objects to this request on the grounds that the phrase 14 "evidencing, referring or relating to" is vague and ambiguous. 15 Subject to and without waiving the foregoing objections, UMG will produce 16 non-privileged responsive documents, if any, to the extent identified by a search of the 17 files of specific employees and executives that UMG will identify utilizing specific 18 search terms that UMG will identify. 19 REQUEST FOR PRODUCTION NO. 89: 20 All documents evidencing, referring or relating to the allegations in paragraph 21 23 of the Complaint that "Veoh supplies statistics about how often each work has been 22 used without the permission of the copyright owner." 23 RESPONSE TO REQUEST FOR PRODUCTION NO. 89: 24 UMG incorporates by reference each of its General Objections. UMG further 25 objects on the grounds that the documents requested are already within Veoh's 26 possession, custody, and control, and therefore equally or more readily available to .18 27 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 28 276 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 burdensome, and seeks documents that are neither relevant to the claims or defenses 2 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 3 in that it seeks documents "referring or relating to" this allegation. UMG further 4 objects to this request to the extent it calls for the production of privileged attorney- 5 client communications, attorney work product, or otherwise privileged or protected 6 material. UMG further objects to this request on the grounds that the phrase 7 "evidencing, referring or relating to" is vague and ambiguous. 8 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 9 Subject to and without waiving the foregoing objections, UMG will produce non-privileged responsive documents, if any, to the extent identified by a search of the 10 files of specific employees and executives that UMG will identify utilizing specific 11 search terms that UMG will identify. 12 REQUEST FOR PRODUCTION NO. 90: 13 All documents evidencing, referring or relating to the allegations in paragraph 14 24 of the Complaint that "Veoh also allows its users to view, copy, and share 15 copyrighted works through Veoh's software, VeohTV and Veoh Player." 16 RESPONSE TO REQUEST FOR PRODUCTION NO 90: 17 UMG incorporates by reference each of its General Objections. UMG further 18 objects on the grounds that the documents requested are already within Veoh's 19 possession, custody, and control, and therefore equally or more readily available to 20 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 21 burdensome, and seeks documents that are neither relevant to the claims or defenses 22 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 23 in that it seeks documents "referring or relating to" this allegation. UMG further 24 objects to this request to the extent it calls for the production of privileged attorney- 25 client communications, attorney work product, or otherwise privileged or protected 26 material. UMG further objects to this request on the grounds that the phrase 27 "evidencing, referring or relating to" is vague and ambiguous. 28 277 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 non-privileged responsive documents, if any, to the extent identified by a search of the 3 files of specific employees and executives that UMG will identify utilizing specific 4 search terms that UMG will identify. 5 REQUEST FOR PRODUCTION NO. 91.: 333 South Grand Avenue Los Angeles, CA 90071-1543 6 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce All documents evidencing, referring or relating to the allegations in paragraph 7 25 of the Complaint that "to encourage and enable even further dissemination of 8 infringing copies across the internet, Veoh supplies its members with a number of 9 other tools, including a button to 'Share Video,' that is, email a link to the infringing 10 video or 'embed' a link to the video in another webpage." 11 RESPONSE TO REQUEST FOR PRODUCTION NO. 91: 12 UMG incorporates by reference each of its General Objections. UMG further 13 objects on the grounds that the documents requested are already within Veoh's 14 possession, custody, and control, and therefore equally or more readily available to 15 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 16 burdensome, and seeks documents that are neither relevant to the claims or defenses 17 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 18 in that it seeks documents "referring or relating to" this allegation. UMG further 19 objects to this request to the extent it calls for the production of privileged attorney- 20 client communications, attorney work product, or otherwise privileged or protected 21 material. UMG further objects to this request on the grounds that the phrase 22 "evidencing, referring or relating to" is vague and ambiguous. 23 Subject to and without waiving the foregoing objections, UMG will produce 24 non-privileged responsive documents, if any, to the extent identified by a search of the 25 files of specific employees and executives that UMG will identify utilizing specific 26 search terms that UMG will identify. 27 28 278 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 All documents evidencing, referring or relating to the allegations in paragraph 3 26 of the Complaint that "as Defendants know, should know, and/or with reasonable 4 diligence could ascertain, many of the audiovisual works on Veoh's website contain 5 copyrighted material, including the copyrighted sound recordings and the copyrighted 6 musical compositions." 7 RESPONSE TO REQUEST FOR PRODUCTION NO. 92: 8 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP REQUEST FOR PRODUCTION NO.92: UMG incorporates by reference each of its General Objections. UMG further objects on the grounds that the documents requested are already within Veoh's 10 possession, custody, and control, and therefore equally or more readily available to 11 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 12 burdensome, and seeks documents that are neither relevant to the claims or defenses 13 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 14 in that it seeks documents "referring or relating to" this allegation. UMG further 15 objects to this request on the grounds that it is premature insofar as UMG has not yet 16 been able to identify all of the specific copyrighted sound recordings and copyrighted 17 musical compositions for which UMG alleges infringement in this action as the 18 information to do so is possessed by Veoh and not UMG. As a result, the 19 nonprivileged documents UMG produces in response to this request, if any, should 20 not be construed as a representation by UMG that the works referred to in such 21 documents constitutes a complete list of UMG's copyrighted works that have appeared 22 on Veoh or as a representation that further factual investigation and discovery will not 23 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 24 objects to this request to the extent it calls for the production of privileged attorney- 25 client communications, attorney work product, or otherwise privileged or protected 26 material. UMG further objects to this request on the grounds that the phrase 27 "evidencing, referring or relating to" is vague and ambiguous. 28 279 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 non-privileged responsive documents, if any, to the extent identified by a search of the 3 files of specific employees and executives that UMG will identify utilizing specific 4 search terms that UMG will identify. 5 REQUEST FOR PRODUCTION NO. 93: 6 All documents evidencing, referring or relating to the allegations in paragraph 7 27 of the Complaint that "Defendants have willfully, intentionally, and purposefully 8 reproduced, adapted, distributed, and publicly performed the copyrighted sound 9 recordings and the copyrighted musical compositions." 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce 11 RESPONSE TO REQUEST FOR PRODUCTION NO. 93: UMG incorporates by reference each of its General Objections. UMG further 12 objects on the grounds that the documents requested are already within Veoh's 13 possession, custody, and control, and therefore equally or more readily available to 14 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 15 burdensome, and seeks documents that are neither relevant to the claims or defenses 16 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 17 in that it seeks documents "referring or relating to" this allegation. UMG further 18 objects to this request on the grounds that it is premature insofar as UMG has not yet 19 been able to identify all of the specific copyrighted sound recordings and copyrighted 20 musical compositions for which UMG alleges infringement in this action as the 21 information to do so is possessed by Veoh and not UMG. As a result, the 22 nonprivileged documents UMG produces in response to this request, if any, should 23 not be construed as a representation by UMG that the works referred to in such 24 documents constitutes a complete list of UMG's copyrighted works that have appeared 25 on Veoh or as a representation that further factual investigation and discovery will not 26 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 27 objects to this request to the extent it calls for the production of privileged attorney- 28 280 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 client communications, attorney work product, or otherwise privileged or protected 2 material. UMG further objects to this request on the grounds that the phrase 3 "evidencing, referring or relating to" is vague and ambiguous. 4 5 non-privileged responsive documents, if any, to the extent identified by a search of the 6 files of specific employees and executives that UMG will identify utilizing specific 7 search terms that UMG will identify. 8 REQUEST FOR PRODUCTION NO. 94: 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce All documents evidencing, referring or relating to the allegations in paragraph 10 27 of the Complaint that Defendants "knowingly facilitated, enabled, induced, and 11 materially contributed to infringing uses thereof." 12 RESPONSE TO REQUEST FOR PRODUCTION NO. 94: 13 UMG incorporates by reference each of its General Objections. UMG further 14 objects on the grounds that the documents requested are already within Veoh's 15 possession, custody, and control, and therefore equally or more readily available to 16 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 17 burdensome, and seeks documents that are neither relevant to the claims or defenses 18 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 19 in that it seeks documents "referring or relating to" this allegation. UMG further 20 objects to this request on the grounds that it is premature insofar as UMG has not yet 21 been able to identify all of the specific copyrighted sound recordings and copyrighted 22 musical compositions for which UMG alleges infringement in this action as the 23 information to do so is possessed by Veoh and not UMG. As a result, the 24 nonprivileged documents UMG produces in response to this request, if any, should 25 not be construed as a representation by UMG that the works referred to in such 26 documents constitutes a complete list of UMG's copyrighted works that have appeared 27 on Veoh or as a representation that further factual investigation and discovery will not 28 281 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 2 objects to this request to the extent it calls for the production of privileged attorney- 3 client communications, attorney work product, or otherwise privileged or protected 4 material. UMG further objects to this request on the grounds that the phrase 5 "evidencing, referring or relating to" is vague and ambiguous. 6 7 non-privileged responsive documents, if any, to the extent identified by a search of the 8 files of specific employees and executives that UMG will identify utilizing specific 9 search terms that UMG will identify. 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce 11 REQUEST FOR PRODUCTION NO. 95: All documents evidencing, referring or relating to the allegations in paragraph 12 27 of the Complaint that Defendants "refused to exercise their ability to control or 13 supervise infringing uses thereof from which Defendants financially benefit, including 14 by earning revenue from selling advertising keyed to the content of the work selected 15 for viewing, and from the overall increase in user traffic and commercial value of its 16 business and property arising from the 'draw' of infringing copyrighted sound 17 recordings and copyrighted musical compositions. 18 RESPONSE TO REQUEST FOR PRODUCTION NO. 95: 19 UMG incorporates by reference each of its General Objections. UMG further 20 objects on the grounds that the documents requested are already within Veoh's 21 possession, custody, and control, and therefore equally or more readily available to 22 Veoh than to UMG. UMG objects to this request as vague, ambiguous, and/or 23 argumentative in that Veoh fails to include the term "and/or" which precedes the 24 quotation. UMG further objects to this request on the grounds that the phrase 25 "evidencing, referring or relating to" is vague and ambiguous. UMG further objects 26 that this request is overbroad, unduly burdensome, and seeks documents that are 27 neither relevant to the claims or defenses of any party nor reasonably calculated to 28 282 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 lead to the discovery of admissible evidence, in that it seeks documents "referring or 2 relating to" this allegation. UMG further objects to this request on the grounds that it 3 is premature insofar as UMG has not yet been able to identify all of the specific 4 copyrighted sound recordings and copyrighted musical compositions for which UMG 5 alleges infringement in this action as the information to do so is possessed by Veoh 6 and not UMG. As a result, the nonprivileged documents UMG produces in response to 7 this request, if any, should not be construed as a representation by UMG that the 8 works referred to in such documents constitutes a complete list of UMG`s copyrighted 9 works that have appeared on Veoh or as a representation that further factual 10 investigation and discovery will not reveal more of UMG's copyrighted works that 11 have appeared on Veoh. UMG further objects to this request to the extent it calls for 12 the production of privileged attorney-client communications, attorney work product, 13 or otherwise privileged or protected material. 14 Subject to and without waiving the foregoing objections, UMG will produce 15 non-privileged responsive documents, if any, to the extent identified by a search of the 16 files of specific employees and executives that UMG will identify utilizing specific 17 search terms that UMG will identify. 18 REQUEST FOR PRODUCTION NO. 97: 19 All documents evidencing, referring or relating to the allegations in paragraph 20 27 of the Complaint that "Defendants have continued to willfully infringe Plaintiffs' 21 rights even after Plaintiffs have notified them that their use of Plaintiffs copyrighted 22 materials violates Plaintiffs' rights under copyright." 23 RESPONSE TO REQUEST FOR PRODUCTION NO. 97: 24 UMG incorporates by reference each of its General Objections. UMG further 25 objects on the grounds that the documents requested are already within Veoh's 26 possession, custody, and control, and therefore equally or more readily available to 27 Veoh than to UMG. UMG further objects that this request is overbroad, unduly 28 283 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 burdensome, and seeks documents that are neither relevant to the claims or defenses 2 of any party nor reasonably calculated to lead to the discovery of admissible evidence, 3 in that it seeks documents "referring or relating to" this allegation. UMG further 4 objects to this request on the grounds that it is premature insofar as UMG has not yet 5 been able to identify all of the specific works for which UMG alleges infringement in 6 this action as the information to do so is possessed by Veoh and not UMG. As a result, 7 the nonprivileged documents UMG produces in response to this request, if any, should 8 not be construed as a representation by UMG that the works referred to in such 9 documents constitutes a complete list of UMG's copyrighted works that have appeared 10 on Veoh or as a representation that further factual investigation and discovery will not 11 reveal more of UMG's copyrighted works that have appeared on Veoh. UMG further 12 objects to this request to the extent it calls for the production of privileged attorney- 13 client communications, attorney work product, or otherwise privileged or protected 14 material. UMG further objects to this request on the grounds that the phrase 15 "evidencing, referring or relating to" is vague and ambiguous. 16 Subject to and without waiving the foregoing objections, UMG will produce 17 non-privileged responsive documents, if any, to the extent identified by a search of the 18 files of specific employees and executives that UMG will identify utilizing specific 19 search terms that UMG will identify. 20 REQUEST FOR PRODUCTION NO. 149. 21 22 23 All communications, whether direct or indirect, between you and Veoh. RESPONSE TO REQUEST FOR PRODUCTION NO. 149; UMG incorporates by reference each of its General Objections. UMG objects to 24 this request on the grounds that the documents sought are already in Veoh's 25 possession, custody or control and therefore equally or more readily available to Veoh 26 than to UMG. Moreover, UMG objects to this request on the grounds that the term 27 "indirect" communications is vague and ambiguous. UMG objects that to the extent 28 284 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 this request seeks "All Communications" between UMG and Veoh, without limitation 2 as to subject-matter or time, this request is overbroad and unduly burdensome. UMG 3 also objects that this request seeks documents that are neither relevant to the claims or 4 defenses of any party nor reasonably calculated to lead to the discovery of admissible 5 evidence. 6 7 non-privileged responsive documents, if any, to the extent identified by a search of the 8 files of specific employees and executives that UMG will identify utilizing specific 9 search terms that UMG will identify. 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce 11 REQUEST FOR PRODUCTION NO. 170: All documents concerning public statements by you concerning this lawsuit, 12 including without limitation the factual basis for the allegations in the complaint and 13 your reasons for filing the lawsuit. 14 RESPONSE TO REQUEST FOR PRODUCTION NO. 170: 15 UMG incorporates by reference each of its General Objections. UMG further 16 objects that the request is vague and ambiguous, overbroad, unduly burdensome, and 17 that it seeks documents that are neither relevant to the claims or defenses of any party 18 nor reasonably calculated to lead to the discovery of admissible evidence. UMG 19 further objects to this request as vague and ambiguous as to what constitutes 20 documents "concerning" public statements. UMG further objects to the extent that this 21 request seeks documents that are not in UMG's possession, custody or control. 22 UMG further objects that the request seeks information that is already in Veoh's 23 possession, custody or control, or reasonably available to Veoh. UMG further objects 24 to this request to the extent it calls for the production of privileged attorney client 25 communications, attorney work product, or otherwise privileged or protected material. 26 27 28 Subject to and without waiving the foregoing objections, UMG will produce non-privileged responsive documents, if any, to the extent identified by a search of the 285 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 files of specific employees and executives that UMG will identify utilizing specific 2 search terms that UMG will identify. 3 REQUEST FOR PRODUCTION NO. 171: 4 5 (including, but not limited to, music publishers, record labels, artists, internet sites), 6 concerning this lawsuit, including without limitation the factual basis for the 7 allegations in the complaint and your reasons for filing the lawsuit. 8 RESPONSE TO REQUEST FOR PRODUCTION NO. 171: 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP All documents concerning communications between you and any person UMG incorporates by reference each of its General Objections. UMG further 10 objects that the request is vague and ambiguous, overbroad, unduly burdensome, and 11 that it seeks documents that are neither relevant to the claims or defenses of any parry 12 nor reasonably calculated to lead to the discovery of admissible evidence. UMG 13 further objects to this request as vague and ambiguous as to what constitutes 14 "documents "concerning" communications." UMG further objects to the extent that 15 this request seeks documents that are not in UMG's possession, custody or control. 16 UMG objects to this request on the grounds that the term "person" is overbroad, 17 unduly burdensome, and vague and ambiguous. UMG further objects to this request to 18 the extent it calls for the production of privileged attorney-client communications, 19 attorney work product, or otherwise privileged or protected material. 20 Subject to and without waiving the foregoing objections, UMG will produce non- 21 privileged responsive documents, if any, to the extent identified by a search of the 22 files of specific employees and executives that UMG will identify utilizing specific 23 search terms that UMG will identify. 24 B. 25 Veoh served discovery designed to uncover the existence of facts and evidence 26 Veoh's Contentions and Points and Authorities providing specificity or support, if any, for Plaintiffs' claims. Instead of providing 27 28 286 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 good faith responses and documents however, Plaintiffs opted for evasiveness and 2 non-cooperation. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 3 For example, in response to Veoh's straightforward Request No. 63 seeking 4 "All documents evidencing, referring or relating to your allegation in paragraph 4 of 5 the Complaint that 'Veoh's business plan is based on theft'," Plaintiffs provided the 6 same illusory response discussed in Section II, supra, i.e. that Plaintiffs "will produce 7 non-privileged responsive documents, if any, to the extent identified by a search of the 8 files of specific employees and executives that UMG will identify utilizing specific 9 search terms that UMG will identify." This response is insufficient in that Plaintiffs 10 do not agree to produce all responsive documents, and additionally, Plaintiffs have 11 failed and refused to provide the promised search terms, custodians, or documents. 12 Little more need be said regarding this gross failure of Plaintiffs' discovery 13 obligations. Veoh's discovery exploring and testing the factual underpinnings of 14 Plaintiffs' claims cannot reasonably be called objectionable and Plaintiffs must 15 provide supplemental responses and a complete production. 16 C. 17 As with the preceding sections of this motion, Veoh once again suggests 18 (falsely) that UMG has refused to produce any meaningful discovery. Obviously, this 19 suggestion is belied by the reality of UMG’s massive production. As already 20 described, UMG has broadly searched its files for documents relevant to its claims and 21 has produced the results of this search: 1.4 million pages of responsive documents. 22 Veoh, in contrast, has produced little. Furthermore, Veoh’s demands for a complete 23 production at this stage of discovery are premature; UMG cannot provide a complete 24 production until Veoh produces documents evidencing its infringement of UMG’s 25 copyrights – documents it continues to withhold. 26 27 28 UMG’s Contentions And Points Of Authorities 1. Veoh Merely Repeats Its Flawed Arguments That UMG has Not Adequately Searched For Relevant Materials 287 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 Veoh’s only complaint about UMG’s responses to the fifty-four document 2 requests it lists in this Section are UMG’s explicit mention of using a search 3 methodology to locate responsive documents and its alleged refusal to provide its 4 custodian and search term lists. This complaint lacks any merit. Although UMG is 5 the plaintiff in a copyright infringement suit, which by definition revolves around the 6 defendant’s conduct, UMG has undertaken an extremely broad search of its files for 7 relevant documents. As discussed above, in UMG’s portion of Section II of this joint 8 stipulation, UMG’s extensive searching has resulted in a production of more than 1.4 9 million pages of documents. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 UMG has not hidden its intention to produce documents responsive to Veoh’s 11 requests. Of the fifty-four document requests Veoh lists in this Section, UMG 12 responds to forty-seven of them by saying it will use its search methodology to locate 13 and produce responsive documents.26 These responses are not “illusory,” as Veoh 14 claims; UMG has offered to exchange custodian and search term lists with Veoh. 15 These responses also are not “insufficient,” as Veoh claims; UMG is not required to 16 produce all responsive documents, and its methodology has resulted in volumes of 17 responsive documents. Federal Courts expressly approve of the use of search 18 methodology as a means to identify documents for production. See generally Treppel 19 v. Biovail Corp., 233 F.R.D. 363, 374 (S.D.N.Y. 2006) (“[T]here is no obligation on 20 the part of the responding party to examine every scrap of paper in its potentially 21 voluminous files in order to comply with its discovery obligations. Rather, it must 22 26 23 24 25 26 27 28 In the seven responses to which UMG does not state it will use its search methodology to locate responsive documents, UMG has agreed, either in its responses or during meet and confers with Veoh, to produce documents responsive to Veoh’s requests that are located in UMG’s reasonable searching. In four of these seven RFPs, UMG appropriately agrees to produce “imaged files of its copyright registrations and/or a list of such copyrights.” See Calkins Decl. Ex. G at Nos. 56, 67, 68, and 70. Further, while UMG, in response to Veoh RFP No. 66, does not say it will produce any documents and instead refers Veoh to 17 U.S.C. § 106, this response will not stop UMG from producing copyright registrations and/or a list of such copyrights. Ledahl Decl. ¶ 4. Finally, while UMG does not say it will produce documents responsive to RFP Nos. 83 and 87, this too did not stop UMG from producing any responsive documents found using its search methodology. Id. at ¶ 9. 288 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 conduct a diligent search, which involves developing a reasonably comprehensive 2 search strategy.”). Veoh fails to explain why such an approach is not appropriate. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 3 Further, the lone example of a request for production that Veoh chooses to 4 include in its portion of the joint stipulation speaks volumes about the 5 unreasonableness of Veoh’s positions. Veoh calls out its document request number 63 6 asking for “All documents evidencing, referring or relating to your allegation in 7 paragraph 4 of the Complaint that ‘Veoh’s business plan is based on theft.’” 8 Obviously, this particular allegation relates to Veoh’s conduct. Veoh cannot explain 9 what documents it believes UMG should be producing in response to this request (and 10 does not even try to offer such an explanation). UMG has already searched broadly 11 for documents referencing Veoh. Veoh’s decision to highlight this request 12 appropriately illustrates that this motion is about Veoh’s desire to simply make a 13 motion and not about any legitimate need for discovery. 14 15 2. UMG Provided A Sufficient Response To Interrogatory No. 6 Veoh’s Interrogatory No. 6 seeks identification of “all persons with knowledge 16 of the facts, allegations, and claims set forth in the complaint, stating the facts for 17 which each has knowledge.” Veoh complains that UMG has not provided an adequate 18 response even though UMG identified multiple individuals in its response. As UMG 19 stated in the response, it can’t possibly know of “all persons” who have knowledge of 20 Veoh’s infringement of UMG’s copyrights; many of these persons are simply visitors 21 to veoh.com and have no affiliation with UMG. This interrogatory is therefore 22 overbroad and unduly burdensome to answer fully. Further, various facts in the 23 complaint relate to the basic facts of UMG’s role in the music industry, the fact that it 24 has many copyrighted works, and other similarly general allegations. Obviously, a list 25 of every individual who knows anything about any of these allegations would include 26 every one of UMG’s thousands of employees. In a good faith effort to provide a 27 substantive response, UMG listed seven individuals who have the most knowledge of 28 289 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 Veoh’s infringement of UMG’s copyrights. Six of the seven are high level UMG 2 executives, while the seventh is a legal assistant at UMG’s outside counsel who has 3 spent time searching veoh.com. A supplemental response to this interrogatory is 4 unnecessary, and a full response to the interrogatory is impossible. Veoh’s motion 5 regarding this interrogatory should be denied. 6 3. 7 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 8 Veoh’s Demand For Comprehensive Production Regarding Infringed Works Is Premature UMG objects to thirty three of the fifty four document requests Veoh lists in 9 this Section as premature insofar as UMG has not yet been able to identify all of the 10 specific works for which UMG alleges infringement, “as the information to do so is 11 possessed by Veoh and not UMG.” As discussed in section III above, Veoh has yet to 12 produce its own media files – the evidence of its infringement. Nonetheless, Veoh 13 complains that UMG has not yet produced all documents regarding Veoh’s 14 infringement. UMG cannot fully respond to these requests and produce all relevant 15 documents until UMG has determined the scope of Veoh’s infringement. Veoh 16 controls the necessary information for UMG to make such determinations. Veoh 17 never bothers to explain why it still continues to withhold its relevant media files. 18 The premature nature of Veoh’s requests constitutes an additional, independent, 19 reason to deny Veoh’s motion as to these requests. Veoh should not somehow benefit 20 from its own continuing discovery intransigence. 21 VII. ISSUE NO. 6 – DISCOVERY RELATING TO NOTICE TO VEOH 22 A. Statement of Disputed Interrogatories and Requests For Production 23 and Plaintiffs' Responses 24 VEOH INTERROGATORIES 20, 21 25 26 27 28 INTERROGATORY NO. 20: For each work identified in your response to Interrogatory No. 1, describe in detail each instance in which you stated or otherwise gave notice (in writing, orally, 290 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 pursuant to a DMCA Notice or otherwise), to Veoh prior to the commencement of this 2 litigation, that you objected to the inclusion, exploitation or availability of the work on 3 veoh.com. 4 RESPONSE TO INTERROGATORY NO.20: 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 5 UMG incorporates by reference each of its General Objections, as well as its 6 objections to Interrogatory No. 1. UMG further objects that the term "DMCA Notice" 7 is vague or ambiguous in this context. UMG also objects to this interrogatory on the 8 ground that it is overbroad and unduly burdensome as the information is within the 9 possession, custody, and control of Veoh. UMG further objects that this interrogatory 10 seeks information neither relevant to the subject matter of this action nor reasonably 11 calculated to lead to the discovery of admissible evidence to the extent, among other 12 things, it assumes or implies that UMG is in any respect obligated to provide written 13 or oral notice, under the DMCA or otherwise, of the infringement of UMG's works 14 through Veoh. UMG further objects to this interrogatory as argumentative and seeking 15 information neither relevant to the subject matter of this action nor reasonably 16 calculated to lead to the discovery of admissible evidence to the extent it assumes that 17 UMG is obligated to send notices of copyright infringement (pursuant to the DMCA 18 or otherwise), or that such notices would be efficacious in light of the ongoing mass 19 infringement of UMG's rights by Veoh. 20 Subject to and without waiving the foregoing, pursuant to Rule 33(d) of the 21 Federal Rules of Civil Procedure, UMG will produce relevant, non-privileged 22 communications, if any, relating to the infringement of UMG's works by Veoh. 23 INTERROGATORY NO. 21: 24 25 Describe in detail each instance in which Veoh failed to comply with a DMCA Notice submitted by you or any other entity, to Veoh. 26 27 28 291 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 RESPONSE TO INTERROGATORY NO. 21: 2 UMG incorporates by reference each of its General Objections, as well as its 3 objections to Interrogatory No. 1. UMG further objects that the term "DMCA Notice" 4 is vague or ambiguous in this context, and moreover calls for a legal conclusion. 5 UMG also objects to this interrogatory on the ground that it is overbroad and unduly 6 burdensome. Information relating to Veoh's responses to notices of copyright 7 infringement are within Veoh's possession, custody, or control, and have not yet been 8 produced. UMG further objects to this interrogatory as argumentative and seeking 9 information neither relevant to the subject matter of this litigation nor reasonably 10 calculated to lead to the discovery of admissible evidence to the extent it assumes that 11 UMG is obligated to send notices of copyright infringement (pursuant to the DMCA 12 or otherwise). 13 14 15 (VEOH REQUESTS NO. 157-160, 169) REQUEST FOR PRODUCTION NO. 157: All documents between you and Veoh prior to the commencement of this 16 litigation in which you stated or otherwise gave notice to Veoh that you objected to 17 the availability, exploitation or inclusion of any work owned or controlled by you on 18 veoh.com. 19 RESPONSE TO REQUEST FOR PRODUCTION NO. 157: 20 UMG incorporates by reference each of its General Objections. UMG objects 21 that this request is overbroad, unduly burdensome, and that it seeks documents that are 22 neither relevant to the claims or defenses of any party nor reasonably calculated to 23 lead to the discovery of admissible evidence. UMG further objects on the grounds that 24 the documents requested are already within Veoh's possession, custody, and control, 25 and are therefore equally or more readily available to Veoh than to UMG. UMG 26 objects to this request on the grounds that it is vague and ambiguous as to the term 27 "documents between you and Veoh." 28 292 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 non-privileged responsive documents, if any, to the extent identified by a search of the 3 files of specific employees and executives that UMG will identify utilizing specific 4 search terms that UMG will identify. 5 REQUEST FOR PRODUCTION NO. 158: 6 333 South Grand Avenue Los Angeles, CA 90071-1543 All documents concerning DMCA Notices, including but not limited to all 7 drafts of the notices, to any person(s) (other than Veoh), including but not limited to 8 documents regarding the decision to submit said DMCA Notifications generally or in 9 a particular instance. 10 Winston & Strawn LLP Subject to and without waiving the foregoing objections, UMG will produce 11 RESPONSE TO REQUEST FOR PRODUCTION NO 158: UMG incorporates by reference each of its General Objections. UMG further 12 objects that the terms "DMCA Notices" and "DMCA Notifications" are vague and 13 ambiguous, and that they call for a legal conclusion. UMG further objects that the 14 request is overbroad, unduly burdensome, and that it seeks documents that are neither 15 relevant to the claims or defenses of any party nor reasonably calculated to lead to the 16 discovery of admissible evidence. UMG further objects to this request as vague and 17 ambiguous as to what constitutes documents "concerning DMCA Notices." UMG 18 further objects to the extent that this request seeks documents that are not in UMG's 19 possession, custody or control. UMG further objects to this request to the extent it 20 calls for the production of privileged attorney-client communications, attorney work 21 product, or otherwise privileged or protected material. 22 REQUEST FOR PRODUCTION NO. 159: 23 All documents concerning your decision not to submit a DMCA Notice to Veoh 24 regarding works owned or controlled by you that were available on Veoh. 25 RESPONSE TO REQUEST FOR PRODUCTION NO. 159: 26 27 28 UMG incorporates by reference each of its General Objections. UMG further objects that the request is overbroad, unduly burdensome, and that it seeks documents 293 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 that are neither relevant to the claims or defenses of any party nor reasonably 2 calculated to lead to the discovery of admissible evidence. UMG further objects to this 3 request to the extent it assumes or implies that UMG is in any sense obligated to send 4 notices of copyright infringement to Veoh. UMG further objects to this request as 5 vague and ambiguous as to what constitutes documents "concerning" UMG's decision. 6 UMG further objects to the extent that this request seeks documents that are not in 7 UMG's possession, custody; or control. UMG further objects that the term "DMCA 8 Notices" is vague and ambiguous, and that it calls for a legal conclusion. UMG further 9 objects to this request to the extent it calls for the production of privileged attorney- 10 client communications, attorney work product, or otherwise privileged or protected 11 material. 12 Subject to and without waiving the foregoing objections, UMG will produce 13 non-privileged responsive documents, if any, to the extent identified by a search of the 14 files of specific employees and executives that UMG will identify utilizing specific 15 search terms that UMG will identify. 16 REQUEST FOR PRODUCTION NO. 160: 17 All documents concerning any policy, practice or procedure Plaintiffs have (or 18 have had in the past) that relates in any way to the DMCA, including, but not limited 19 to, the submission of DMCA Notices and any "notice and take down" policies 20 applicable to any internet service offered (either currently or in the past) by Plaintiffs. 21 RESPONSE TO REQUEST FOR PRODUCTION NO. 160: 22 UMG incorporates by reference each of its General Objections. UMG further 23 objects to the request on the ground that "All documents concerning any policy, 24 practice, or procedure Plaintiffs have (or have had in the past) that relates in any way 25 to the DMCA," is vague and ambiguous. UMG further objects that the term "any 26 internet service offered (either currently or in the past) by Plaintiffs" is vague and 27 ambiguous. UMG further objects that the request is overbroad, unduly burdensome, 28 294 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 and that it seeks documents that are neither relevant to the claims or defenses of any 2 party nor reasonably calculated to lead to the discovery of admissible evidence. UMG 3 further objects that the term "DMCA Notices" is vague and ambiguous, and that it 4 calls for a legal conclusion. UMG further objects to this request to the extent it calls 5 for the production of privileged attorney-client communications, attorney work 6 product, or otherwise privileged or protected material. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 7 Subject to and without waiving the foregoing objections, UMG will produce 8 non-privileged responsive documents, if any, to the extent identified by a search of the 9 files of specific employees and executives that UMG will identify utilizing specific 10 search terms that UMG will identify. 11 REQUEST FOR PRODUCTION NO. 169: 12 All documents concerning all meetings and communications between you and 13 Veoh in 2007. 14 RESPONSE TO REQUEST FOR PRODUCTION NO. 169: 15 UMG incorporates by reference each of its General Objections. UMG further 16 objects to this request as vague and ambiguous as to what constitutes "documents 17 "concerning" all meetings and communications." UMG further objects to the extent 18 that this request seeks documents that are not in UMG's possession, custody or 19 control. UMG further objects that the request seeks information that is already in 20 Veoh's possession, custody or control, or reasonably available to Veoh. UMG further 21 objects to this request to the extent it calls for the production of privileged attorney- 22 client communications, attorney work product, or otherwise privileged or protected 23 material. 24 Subject to and without waiving the foregoing objections, UMG will produce 25 non-privileged responsive documents, if any, to the extent identified by a search of the 26 files of specific employees and executives that UMG will identify utilizing specific 27 search terms that UMG will identify. 28 295 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 B. Veoh's Contentions and Points and Authorities 2 Conspicuously absent from the complaint is any allegation regarding Plaintiffs' 3 notice to Veoh of any infringing work. This is because Plaintiffs have never identified 4 any allegedly infringing work on Veoh. When asked, Plaintiffs maintain that Veoh's 5 very inquiry is "unduly burdensome" and that it is Veoh, not Plaintiffs, that "possesses 6 the most complete and accurate listing of [Plaintiffs'] copyrighted works" purportedly 7 infringed. This is simply an improper attempt to shift the burden of identifying the 8 works at the heart of Plaintiffs' own complaint, to Veoh. See Hendrickson v. 9 Amazon.com, Inc. 298 F. Supp.2d 914, 916 (C.D. Cal. 2003). 10 The DMCA requires Plaintiffs, as the purported copyright holders, to identify 11 and police their copyrighted works and provide notice to Veoh, the service provider, 12 in order that Veoh may take them down. As stated above, the burden of policing 13 copyright infringement – identifying the potentially infringing material and adequately 14 documenting infringement – falls squarely in the owners of the copyright. Perfect 10, 15 Inc. v. CC Bill, LLC, supra, at 1113 (9th Cir. 2007). 16 Plaintiffs also refuse in their written responses to produce all documents 17 relating to notice (and the decision not to give notice) from Plaintiffs to Veoh relating 18 to Veoh's purported infringement, and Plaintiffs' practice regarding notice to others. 19 Such documents and information are highly relevant in this case, particularly in light 20 of the notice requirement under the DMCA. (See Hendrickson v. eBay, Inc., 165 21 F.Supp.2d 1082, 1089 (D.D. Cal. 2001) (under the DMCA "a service provider's duty 22 to act is triggered only upon receipt of proper notice."). 23 During the two days of meet and confer proceedings, Plaintiffs' counsel 24 ultimately agreed to produce all notices sent by Plaintiffs to Veoh, Grouper, and 25 MySpace. (Calkins Decl. ¶ 14.) Plaintiffs' counsel also agreed to "look for" 26 documents responsive to Request No. 157 but cautioned that he would only be able to 27 do a "reasonable search" without specifying how "reasonable" differed from "diligent" 28 296 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 in counsel's mind. (Calkins Decl. ¶ 15.) While counsel for Veoh did not agree that 2 such a production would satisfy Plaintiffs' discovery obligation, Veoh's counsel 3 agreed to review any notices and documents produced in an attempt to narrow the 4 dispute. Whether any of these documents are buried in Plaintiffs' recent dump of 1.4 5 million pages is unknown and will be extremely difficult to ascertain given the 6 disorganized state of the production. 7 C. 8 Veoh admits that it did not even bother to look at UMG’s production to 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 9 UMG’s Contentions And Points Of Authorities determine whether it has anything to complain about. Veoh propounded well over 10 200 document requests seeking virtually every document at UMG. UMG undertook 11 massive efforts to compile an enormous production of responsive materials. Now, 12 Veoh simply complains that “it will be extremely difficult” to ascertain whether 13 particular documents have been produced. Veoh’s complaints – and the very fact that 14 Veoh presents this issue to the Court – warrant sanctions. UMG has already searched 15 widely for documents regarding Veoh. Veoh continues to withhold the most relevant 16 of its own documents – it has yet to produce any internal email communications, it has 17 yet to produce the specifications for its web site and client software, and it has yet to 18 produce even the evidence of its infringement, the media files. 19 Veoh’s requests addressed in this section relate to notices of infringement from 20 UMG to Veoh. Veoh contends that UMG must produce such documents because 21 (according to Veoh) under the DMCA, UMG is required to give notice of 22 infringement to Veoh. These arguments put the cart before the horse and start from 23 the assumption that Veoh has already prevailed on its affirmative defenses in this case. 24 Veoh asserts that it is entitled to protection under provisions of the DMCA. Veoh 25 bears the burden of proving its entitlement to such protections. See generally Corbis 26 Corp. v. Amazon.com, Inc., 351 F. Supp.2d 1090, 1099 (W.D. Wash. 2004). The 27 DMCA is not, however, a discovery statute. Veoh cannot simply assume that it will 28 297 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 win its defense, and then use that assumption as the basis to demand discovery from 2 UMG. 3 4 infringing acts by Veoh (though presumably Veoh already has such documents) as 5 well as other communications with Veoh. Ultimately, all of Veoh’s requests in this 6 section were already properly addressed by UMG’s responses and Veoh’s motion 7 lacks any merit. UMG addresses the specific requests at issue in this section below: 8 · Interrogatory No. 20. Veoh asks that UMG identify those instances in 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP Regardless, UMG has not disputed that it will produce notices it sent Veoh of which UMG submitted notices of infringement. Given that UMG agreed 10 to produce relevant, non-privileged communications, pursuant to Rule 11 33(d), relating to the infringement of UMG's works by Veoh, Veoh's 12 decision to move to compel further response makes no sense. Veoh 13 offers no explanation as to why this response is insufficient. Veoh's 14 motion to compel as to this interrogatory should be denied. 15 · Interrogatory No. 21. Veoh asks that UMG describe those instances in 16 which Veoh failed to comply with UMG's notices of infringement. 17 Pursuant to Interrogatory No. 20, and Rule 33(d), UMG already agreed to 18 produce notices of infringement submitted to Veoh by UMG or on 19 UMG's behalf. This production will include "follow-up" notices 20 submitted by UMG or on UMG's behalf. These notices detail those 21 instances in which "Veoh failed to comply with" a previously submitted 22 notice of infringement. The follow-up notice, coupled with the 23 previously sent notice of infringement, reveal the date on which UMG 24 first submitted the notice of infringement, the content subject to that 25 notice, the date on which UMG sent a follow-up notice, and the content 26 included in the follow-notice, which was not removed in response to 27 UMG's first notice. Any other information pertaining to Veoh's failure to 28 298 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 comply with a notice of infringement is in Veoh's possession, not UMG's. 2 As such, Veoh's motion to compel as to this interrogatory should be 3 denied. 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 4 · Requests for Production Nos. 157, 159, 169. Veoh asks that UMG 5 produce documents pertaining to UMG's communications with Veoh, 6 along with documents pertaining to UMG's decision to send or not send 7 notices of infringement to Veoh. UMG already agreed to produce 8 relevant, non-privileged communications, pursuant to Rule 33(d), relating 9 to the infringement of UMG's works by Veoh, including notices of 10 infringement sent by UMG or on UMG's behalf. Moreover, UMG has 11 searched the files of employees charged with communicating with Veoh 12 regarding the infringement of UMG's works occurring on its site. UMG 13 produced relevant, non-privileged documents captured by this search. 14 Veoh nowhere explains how UMG's promise to produce notices of 15 infringement from UMG to Veoh, coupled with its extensive production, 16 is insufficient in any way. Veoh’s motion regarding these requests 17 should be denied. 18 · Requests for Production Nos. 158, 160. Veoh asks that UMG produce 19 documents relating to notices of infringement generally. UMG searched 20 the files of those employees charged with notifying video-sharing sites of 21 infringement occurring on those sites. Further, UMG searched their files 22 with terms designed to capture "documents concerning [so-called] 23 DMCA Notices." UMG produced relevant, non-privileged documents 24 captured by this search. See, e.g., Ledahl Decl. Exs. 11, 12, 13 (notices 25 of infringement sent by UMG to Grouper, MySpace, and YouTube). 26 That Veoh has no interest in reviewing UMG's production to locate these 27 documents is no reason to compel their production. Veoh never explains 28 299 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 why or how UMG's current production is insufficient. As such its motion 2 should be denied. 3 Simply put, Veoh's motion identifies no request or interrogatory for which 4 UMG has not conducted a reasonable, diligent search for documents. Paramount 5 Pictures Corp. v. Replay TV, Inc., 2002 WL 1315811, *1 (C.D. Cal. April 29, 2002) 6 (ordering a party to undertake a "reasonable, diligent, good faith search"); see also 7 Convolve, Inc. v. Compaq Computer Corp., 223 F.R.D. 162, 167-68 (S.D.N.Y. 2004) 8 (denying request for additional discovery even though it was relevant because 9 requesting party had not shown that the additional discovery was needed in light of the 10 discovery already provided). UMG has produced the relevant, responsive documents 11 located in its diligent search. As such, Veoh's motion as to these discovery requests 12 should be denied. 13 VIII. ISSUE NO. 7 – DISCOVERY RELATING TO PLAINTIFFS' 14 ORGANIZATIONAL STRUCTURE AND IDENTIFICATION OF 15 WITNESSES 16 A. Statement of Disputed Interrogatories and Requests For Production 17 and Plaintiffs' Responses 18 VEOH INTERROGATORIES 6, 8, 18 19 20 INTERROGATORY NO. 6: Identify all persons with knowledge of the facts, allegations, and claims set 21 forth in the complaint, stating the facts for which each has knowledge. 22 RESPONSE TO INTERROGATORY NO. 6: 23 UMG incorporates by reference each of its General Objections. UMG further 24 objects that this interrogatory is overly broad and unduly burdensome insofar as it 25 calls for UMG to identify by name, address, and telephone number, all persons having 26 knowledge of various facts, which would include, among many others, virtually any 27 UMG employee that has visited Veoh and seen the rampant infringement of UMG 28 300 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 works there. UMG further objects that the instructions to "identify all persons" and 2 "stat[e] the facts for which each has knowledge" are unduly burdensome and, 3 additionally, render the interrogatory compound. UMG further objects to the 4 definition of "persons" as overly broad and unduly burdensome. 5 Subject to and without waiving the foregoing objections, UMG identifies the 6 following individuals who are most knowledgeable about Veoh's infringement of 7 plaintiffs' copyrights. 8 • 9 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 Music Group, eLabs; • 11 12 • • • 21 Ed Arrow, Vice President, Copyright, Universal Music Publishing Group; • 19 20 Tegan Kossowicz, Senior Director, Business & Legal Affairs, Royalties & Copyright, Universal Music Group; 17 18 Larry Kenswil, Executive Vice President, Business. Strategy, Universal Music Group; 15 16 David Weinberg, Vice President, Business & Legal Affairs, Universal Music Group, eLabs; 13 14 David Ring, Senior Vice President, Business & Legal Affairs, Universal Harvey Geller, Senior Vice President, Business & Legal Affairs, Universal Music Group; • Jennifer Roberts, Legal Assistant, Irell & Manella. Each of the foregoing individuals can be contacted through UMG's counsel, 22 Irell & Manella, 1800 Avenue of the Stars, Suite 900, Los Angeles, CA 90067. 23 INTERROGATORY NO. 8: 24 Identify all persons who have participated in any private or public 25 communications (other than purely privileged attorney-client communications) of 26 which you are aware relating to Veoh, including, but not limited to, communications 27 relating to this lawsuit, stating for each the nature of the communication. 28 301 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 2 RESPONSE TO INTERROGATORY NO. 8: UMG incorporates by reference each of its General Objections. UMG further 3 objects that this interrogatory is overly broad and unduly burdensome insofar as it 4 calls for UMG to identify by name, address and telephone number, all persons having 5 "communications . . . relating to Veoh, including, but not limited to, communications 6 relating to this lawsuit." UMG also objects that this interrogatory seeks information 7 not relevant to the parties' claims or defenses and is not reasonably calculated to lead 8 to the discovery of admissible evidence. UMG further objects that the instruction to 9 "stat[e] for each the nature of the communication" is unduly burdensome. UMG 10 further objects that the phrases "private or public communications, and "purely 11 privileged attorney-client communications" are vague and ambiguous. UMG objects 12 to this interrogatory on the grounds that it is premature in that it calls for UMG to 13 produce information regarding the factual basis of its claims before UMG has had the 14 opportunity to complete its investigation of the facts or to conduct appropriate 15 discovery into the factual basis of its claims. UMG further objects to the definition of 16 "persons" as overly broad and unduly burdensome. 17 INTERROGATORY NO. 18: 18 Identify all persons, including but not limited to your employees, who have 19 responsibility for managing your relationship with any artist who performs or 20 performed any work for which you allege copyright infringement in this action. 21 RESPONSE TO INTERROGATORY NO. 18: 22 UMG incorporates by reference each of its General Objections. UMG further objects 23 that this interrogatory is overly broad and unduly burdensome insofar as it calls for 24 UMG to identity all persons who have responsibility for managing a relationship with 25 an "artist," which Veoh defines to include any performer, author, songwriter, 26 producer, composer, or owner (in whole or in part) of any copyrighted work, including 27 all such persons' agents, attorneys, managers, and representatives. Such a request may 28 302 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 include virtually any UMG employee who worked with artists, record labels, or UMG 2 entities that own copyrighted works. UMG further objects that this interrogatory 3 seeks information that is neither relevant to the parties" claims or defenses nor 4 reasonably calculated to lead to the discovery of admissible evidence since "artists," 5 as that term is defined by Veoh, may not be the owners of the copyrights at issue in 6 this case. Furthermore, the definition of "artists" would require UMG to canvass 7 thousands of individuals or entities in order to respond to this interrogatory and, as 8 such, is grossly overbroad and unduly burdensome. Finally, UMG objects that this 9 discovery is premature to the extent that this interrogatory calls for UMG to identify 10 the works "for which [UMG] allege[s] copyright infringement in this action." UMG 11 further objects to the definition of "persons" as overly broad and unduly burdensome. 12 13 14 (VEOH REQUESTS NOS. 222, 223, 230, 231) REQUEST FOR PRODUCTION NO. 222: Documents sufficient to identify your organizational and/or management 15 structure currently, and for the past ten (10) years. 16 RESPONSE TO REQUEST FOR PRODUCTION NO. 222: 17 UMG incorporates by reference each of its General Objections. UMG further 18 objects to this request as overbroad and unduly burdensome in that it seeks UMG's 19 organization and management structure for the past ten years. UMG further objects to 20 this request on the grounds that the phrase "organizational and/or management 21 structure" is vague and ambiguous. 22 REQUEST FOR PRODUCTION NO. 223: 23 Documents sufficient to identify any and all relationships between all persons 24 and/or entities related to you in any way, including but not limited to corporate and 25 joint venture relationships. 26 RESPONSE TO REQUEST FOR PRODUCTION NO. 223: 27 28 UMG incorporates by reference each of its General Objections. UMG further 303 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 objects to this request because it is overbroad and unduly burdensome in that it seeks 2 information unrelated to the claims or defenses of any parry and is not reasonably 3 calculated to lead to the discovery of admissible evidence. UMG further objects to this 4 request on the grounds that the phrase "relationships between all persons and/or 5 entities related to you in any way" is vague and ambiguous. 6 REQUEST FOR PRODUCTION NO. 230: 7 8 changes thereto for the past ten (10) years. 9 RESPONSE TO REQUEST FOR PRODUCTION NO. 230: 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP Documents sufficient to demonstrate your organizational structure and any UMG incorporates by reference each of its General Objections. UMG further 11 objects to this request as overbroad and unduly burdensome in that it seeks UMG's 12 organization and management structure for the past ten years. UMG further objects to 13 this request on the grounds that the phrase "organizational and/or management 14 structure" is vague and ambiguous. UMG further objects that this request is 15 duplicative of Request No. 222. 16 REQUEST FOR PRODUCTION NO. 231: 17 Documents sufficient to show the number and positions of your employees for 18 the past ten ( 10) years. 19 RESPONSE TO REQUEST FOR PRODUCTION NO. 231: 20 UMG incorporates by reference each of its General Objections. UMG further objects 21 to the extent that this request is overbroad, unduly burdensome, and seeks documents 22 that are neither relevant to the claims or defenses of any party nor reasonably 23 calculated to lead to the discovery of admissible evidence. UMG employs thousands 24 of individuals throughout the world. 25 B. 26 Through this discovery Veoh seeks to identify persons with knowledge of facts 27 28 Veoh's Contentions and Points and Authorities and claims set forth in the Complaint and the facts for which each has knowledge 304 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 (Interrogatory No. 6), persons who may possess relevant knowledge (Interrogatory 2 No. 18), persons who might be potential witnesses, persons who may possess 3 discoverable documents (Requests Nos. 222, 223, 230, 231). 4 5 employees who are "most knowledgeable about Veoh's infringement of plaintiffs' 6 copyrights" yet fails to state facts for which each has knowledge. (Interrogatory No. 7 6). Clearly, Veoh is entitled to the facts each of the "most knowledgeable" employees 8 has regarding Veoh's purported infringement, which would presumably include at a 9 minimum, the identification of the works Plaintiffs allege have been infringed. 333 South Grand Avenue Los Angeles, CA 90071-1543 10 Winston & Strawn LLP In UMG's response to Interrogatory No. 6 UMG identifies seven UMG As discussed earlier in this motion, Plaintiffs have thusfar failed to produce any 11 list of custodians. In addition to any list, Veoh is entitled to examine Plaintiffs' 12 organizational charts to satisfy itself regarding who may possess discoverable 13 documents based on their job titles and duties and whose files should be searched for 14 responsive documents. This discovery is fundamental and non-objectionable and 15 Plaintiffs should be compelled to provide responses and documents immediately. 16 C. UMG’s Contentions And Points Of Authorities 17 UMG’s significant production already includes documents pertaining to UMG's 18 organizational structure – precisely the material Veoh claims to seek in this section. 19 UMG has also provided sufficient responses to Veoh's interrogatories. That Veoh has 20 moved to compel on these requests, despite UMG's production and responses, reveals 21 the improper, tactical nature of its motion. As with so much of its motion, Veoh 22 simply ignores the massive production that has already been provided and accuses 23 UMG of withholding documents. UMG respectfully submits that Veoh could not 24 possibly make such accusations in good faith given its failure to review the 25 information UMG has produced. 26 27 28 1. Veoh's Interrogatory No. 6 Was Already Addressed In Section VI 305 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 2 asks that UMG "[i]dentify all persons with knowledge of the facts, allegations, and 3 claims set forth in the complaint, stating the facts for which each has knowledge." 4 UMG already explained the problems with Veoh’s interrogatory and the sufficiency of 5 UMG’s response in its reply to section VI of this Joint Stipulation. Veoh’s repetition 6 of the request does not make it any less objectionable, nor does it make UMG’s 7 response any less sufficient. UMG respectfully refers the Court to section VI of this 8 Joint Stipulation for a discussion of this interrogatory. 333 South Grand Avenue Los Angeles, CA 90071-1543 9 Winston & Strawn LLP Veoh moves twice on its Interrogatory No. 6. See J.S. §§ VI.A, VIII.A. Veoh 2. Veoh Fails To Offer Any Justification For Compelling Further 10 Response To Its Remaining Interrogatories 11 Veoh includes no argument or justification for the Court's compelling a 12 response to Interrogatories Nos. 8 and 18. The Court should therefore deny Veoh's 13 motion to compel as to those interrogatories for failure to provide any basis to compel 14 further response. Regardless, as UMG set forth in its objections, these interrogatories 15 are improper and seek information unrelated to any claims or defenses at issue. 16 17 18 19 20 21 22 23 24 25 26 27 28 a. Veoh's Interrogatory No. 8 Is Overbroad And Unduly Burdensome Veoh's Interrogatory No. 8 asks that UMG "[i]dentify all persons who have participated in any private or public communications (other than purely privileged attorney-client communications) of which you are aware relating to Veoh, including but not limited to, communications relating to this lawsuit, stating for each the nature of the communication" (emphasis added). Responding to Veoh's interrogatory would require that UMG identify each and every employee who has made a comment about Veoh, no matter how tangential that comment may be to the litigation. UMG's employee headcount—numbering into the thousands—makes this inquiry unduly burdensome. See Declaration Of Gayle Moore In Support Of UMG's Opposition To Veoh's Motion To Compel ("Moore Decl."), ¶ 2. Moreover, Veoh asks that UMG 306 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 identify these persons, along with their comments, regardless of whether the 2 comments have any relation to the person's job responsibilities at UMG ("any private 3 or public communications"). This interrogatory will therefore potentially require 4 UMG to document many communications of little to no probative value, such as: "I 5 watch licensed ABC content on Veoh" or "You can view ESPN programming on 6 Veoh." Those comments have no relation to this litigation, and requiring UMG to 7 seek and document them amounts to an undue burden. Finally, it bears repeating that 8 UMG has produced 1.4 million pages of documents to Veoh, including hundreds of 9 thousands of electronic documents. These documents include metadata identifying 10 the documents' authors; moreover, the database housing these documents is fully 11 searchable. Were Veoh truly interested in this information, it could easily run a search 12 for the term "Veoh" and sort the responsive documents by their author. This simple 13 search would generate much of the same information sought by this interrogatory. As 14 such, UMG respectfully submits that this Court should deny Veoh's motion as to 15 Interrogatory No. 8.27 16 b. 17 18 19 20 21 22 23 24 25 Veoh's Interrogatory No. 18 Is Overbroad And Unduly Burdensome Veoh's Interrogatory No. 18 is equally overbroad, asking that UMG "[i]dentify all persons, including but not limited to your employees, who have responsibility for managing your relationship with any artist who performs or performed any work for which you allege copyright infringement in this action." Veoh defines "artist" to include any performer, author, songwriter, producer, composer, or owner (in whole or in part) of any copyrighted work, including all such persons' agents, attorneys, managers, and representatives. So defined, Veoh's request would require that UMG identify any and all employees who worked with artists, record labels, or UMG 26 27 28 27 Veoh also never explains what is meant by communications “other than purely privileged attorney client communications.” 307 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 entities that own copyrighted works—regardless of the nature of their employment. 2 UMG has relations with numerous artists across multiple record labels operating as 3 unincorporated divisions of UMG Recordings, Inc. See Ostroff Decl., ¶¶ 13-15. Each 4 of these record labels has independent dealings with artists recording for that label. 5 Id. Within any given label, many individuals may have contact with artists, including 6 A&R (Artist and Repertoire) personnel, attorneys and other legal personnel, marketing 7 personnel, business affairs personnel, accounting and finance personnel, and others. 8 Thus, for any one recording artist, a significant number of people within the 9 organization have some responsibility for managing UMG's relation with that artist 10 during the course of her association with UMG. Identifying each and every one of 11 these persons will impose significant costs on UMG; moreover, many of those persons 12 identified—accounting and finance personnel, for example—will have no relation 13 whatsoever to the claims and defenses at issue in this litigation. A complete answer to 14 this interrogatory would be burdensome for UMG to compile, and worthless to Veoh. 15 Veoh has made no attempt to reasonably limit its inquiry, nor does its motion 16 include any justification or argument supporting its assertion that the Court should 17 compel a response to this interrogatory. To be clear, Veoh includes no argument 18 whatsoever as to why persons responsible for managing UMG's relationships with 19 artists are relevant to this litigation. As to this interrogatory, then, its motion should 20 be denied. 21 22 23 3. UMG's Production Already Addresses Requests For Production Nos. 222, 223, 230, And 231 Veoh argues that "Plaintiffs should be compelled to provide responses and 24 documents [relating to UMG's organizational structure] immediately." But UMG has 25 provided documents responsive to Veoh's requests relating to UMG's organizational 26 structure. Veoh, however, made no attempt to review UMG's production prior to 27 28 308 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 serving its motion. Had it reviewed UMG's production, it would have found the 2 following: 3 · UMG organizational charts, see, e.g., Ledahl Decl. Exs. 7, 14, 15, 16; 4 · UMG corporate structure charts, see, e.g., Ledahl Decl. Ex. 17; and 5 · UMG personnel descriptions, see, e.g., Ledahl Decl. Ex. 18. 6 This list is not exhaustive. Rather, it reflects material easily located by 7 searching UMG's document production for terms like "org chart" or "organizational 8 chart." Veoh brought this motion without bothering to conduct such a search.28 9 Veoh's discovery conduct is sanctionable, and UMG respectfully submits that its 10 motion with respect to these requests should be denied. 11 IX. ISSUE NO. 8 – INTERROGATORY NO. 17 REGARDING "STANDARD 12 TECHNICAL MEASURES" 13 A. Statement of Disputed Interrogatories and Requests For Production 14 and Plaintiffs' Responses 15 VEOH INTERROGATORY NO. 17 16 INTERROGATORY NO. 17: 17 Describe all "standard technical measures," as defined in 17 U.S.C. § 512(1)(2), 18 that you employed prior to filing this action. 19 RESPONSE TO INTERROGATORY NO. 17: 20 UMG incorporates by reference each of its General Objections. UMG further objects 21 that the interrogatory is overly broad and unduly burdensome in that it seeks a 22 description of "all `standard technical measures."' UMG objects that the response to 23 24 25 26 27 28 28 The ease with which such documents can be located also puts the lie to Veoh’s assertions that UMG’s production is “in a state of total disarray.” As revealed by these facts, Veoh clearly made such assertions without bothering to ascertain whether they were true. Indeed, much of UMG’s production to Veoh is a reproduction of UMG’s earlier production to MySpace and Grouper. As the Court is well aware, the MySpace and Grouper cases presented numerous contentious discovery disputes—yet neither MySpace nor Grouper ever complained that UMG’s production was “in a state of total disarray.” Perhaps this is because, unlike Veoh, Grouper and MySpace actually took the time to review UMG’s production. 309 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 this interrogatory depends on, among other things, discovery within Veoh's 2 possession, custody, or control. UMG objects that the discovery sought is premature 3 and seeks information concerning UMG's legal theories and contentions in this 4 lawsuit. UMG has not completed its investigation or analysis of the facts, its 5 discovery, or its analysis of the legal issues in this lawsuit. UMG objects that this 6 interrogatory is vague and ambiguous as to the meaning of the term "standard 7 technical measures," and the context in which it is used. For the same reasons, the 8 interrogatory seeks information not relevant to the claims or defenses of the parties or 9 likely to lead to the discovery of admissible evidence. 10 B. Veoh's Contentions and Points and Authorities 11 This Interrogatory merely asks Plaintiffs to "describe all 'standard technical 12 measures,' as defined in 17 U.S.C. § 512(i)(2), that [Plaintiffs] employed prior to 13 filing this action." If Plaintiffs did not employ any such measures, they should so 14 state. Plaintiffs' objections that this interrogatory is "overly broad and unduly 15 burdensome" are meritless, as are Plaintiffs' objections that Veoh controls the 16 information, that the Interrogatory is premature, that the Interrogatory is vague and 17 ambiguous, and that the Interrogatory seeks information not relevant to the claims or 18 defenses of the parties. Veoh has asserted a defense based on 17 U.S.C. § 512 and 19 Plaintiffs should be compelled to provide a complete response to this Interrogatory. 20 C. UMG’s Contentions And Points Of Authorities 21 Veoh mischaracterizes Interrogatory No. 17 as “straightforward” when it is 22 nothing of the sort. This interrogatory is vague and ambiguous, overbroad and unduly 23 burdensome, and seeks information that is irrelevant to this litigation. When asked to 24 clarify what it is seeking with this interrogatory, Veoh, inexplicably, refused. The 25 interrogatory asks about “standard technical measures” and suggests that a definition 26 of such measures may be found in the copyright act. The definition to which Veoh 27 refers, however, provides no clarity for purposes of answering this interrogatory. 28 310 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 UMG inquired of Veoh about what it meant or what information it sought by this 2 interrogatory, but Veoh refused to provide any clarification. Veoh does no better in 3 the nine lines it devotes to this issue in its portion of this Joint Stipulation. Under 4 such circumstances, UMG has provided the best answer it could and no further 5 response should be compelled. 6 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 7 1. Interrogatory No. 17 Seeks Irrelevant Information The “standard technical measures” UMG may have employed to protect its 8 content have little relevance to this litigation. The provision to which Veoh points 9 addresses one of many eligibility requirements for Veoh to invoke its defense under 10 the DMCA. Specifically, under 17 U.S.C. § 512(i), a service provider can only claim 11 the limitations on liability of section 512 if it “accommodates and does not interfere 12 with standard technical measures.” 17 U.S.C. § 512(i)(1)(B). Thus, the focus of the 13 “standard technical measures” in the statute is what Veoh does regarding such 14 measures, not UMG. Pursuant to this provision, an otherwise qualifying service 15 provider would lose its ability to claim any protection under the DMCA if it did not 16 accommodate standard technical measures, regardless of whether the copyright owner 17 employed any such measures to protect its works. Similarly here, this provision is 18 relevant to Veoh’s conduct. Veoh cites no authority suggesting that UMG must show 19 that it employed any “standard technical measures” as an element of its case. As such, 20 Veoh’s interrogatory seeks irrelevant information. 21 22 23 2. Veoh Cannot Even Explain What Information UMG Should Provide Interrogatory No. 17 seeks a description of “all standard technical measures” 24 UMG employed prior to filing this action. Even if this information about UMG’s use 25 of standard technical measures were relevant, Veoh cannot explain what information 26 UMG should provide. UMG objected that this interrogatory is vague and ambiguous 27 28 311 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 in particular because it is unclear what qualifies as “standard technical measures.” In 2 the interrogatory, Veoh points to the definition in 17 U.S.C. § 512(i)(2), which reads: As used in this subsection, the term “standard technical measures” means technical measures that are used by copyright owners to identify or protect copyrighted works and— 3 4 5 (A) have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process; 6 7 (B) are available to any person on reasonable and nondiscriminatory terms; and 8 (C) do not impose substantial costs on service providers or substantial burdens on their systems or networks. 9 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This definition, however, is not helpful. Veoh was unable to identify any measures that “have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process.” If Veoh has some particular standard in mind, UMG invited it repeatedly to disclose it. Veoh has yet to provide any answer. Ledahl Decl. ¶ 10. Where even Veoh cannot explain what information UMG should be providing, it cannot support a motion to compel further response. X. CONCLUSION A. Veoh's Conclusion Plaintiffs have failed and refused to provide discovery to issues as basic as the identification and ownership of the works at issue, factual support for Plaintiffs' claims, Plaintiffs' damages claims including support for such claims and mitigation of damages, Plaintiffs' viral marketing activities, Plaintiffs' notice (or decision not to give notice) to Veoh of the allegedly infringing works, the identification of custodians and potential fact witnesses, and Plaintiffs' organizational structure. Plaintiffs have refused to provide documents in any good faith or reasonable manner, and have failed to provide even information agreed to by counsel during the meet and confer process. In short, Plaintiffs have abandoned their discovery obligations entirely, forcing Veoh 312 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 1 to seek this Court's assistance on each and every Interrogatory and document request. 2 Such conduct cannot be condoned. Plaintiffs should be compelled to provide proper, 3 complete responses, and documents within 10 days of this Court's order, to permit 4 Veoh to prepare its defense in this action. 5 B. UMG’s Conclusion 6 Veoh brought its motion as a reaction to UMG’s motion to compel. UMG 7 moved to compel further production from Veoh after Veoh failed to make any 8 meaningful production of documents or information. Veoh by contrast moved to 9 compel after UMG made a massive production of more than 1.4 million pages. Veoh 10 offers little more than a repetition of its discovery requests to support its motion. 11 Veoh has the burden of demonstrating a need for further discovery beyond that 12 already provided by UMG. It cannot possibly satisfy this burden because it has not 13 even tried to evaluate what materials have been produced by UMG. Veoh’s motion 14 fails to show a need for further discovery from UMG and as such, it should be denied 15 in its entirety. 16 17 Dated: July 21, 2008 18 By /s/ Rebecca Lawlor Calkins Michael S. Elkin Thomas P. Lane Jennifer A. Golinveaux Rebecca L. Calkins Erin R. Ranahan Attorneys for Defendant VEOH NETWORKS, INC. 19 20 21 22 23 24 25 26 27 28 WINSTON & STRAWN LLP // // // // // 313 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx) 1 Dated: July 21, 2008 IRELL & MANELLA LLP 2 3 4 5 6 7 8 9 333 South Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 10 11 By /s/ Brian Ledahl Steven A. Marenberg Elliot Brown Brian Ledahl Benjamin Glatstein Attorneys for Plaintiffs UMG RECORDINGS, INC., UNIVERSAL MUSIC CORP., SONGS OF UNIVERSAL, INC.; UNIVERSALPOLYGRAM INTERNATIONAL PUBLISHING, INC.; RONDOR MUSIC INTERNATIONAL, INC.; UNIVERSAL MUSIC – MGB NA LLC; UNIVERSAL MUSIC – Z TUNES LLC; and UNIVERSAL – MBG MUSIC PUBLISHING LTD. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 314 JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE VEOH'S MOTION TO COMPEL FURTHER RESPONSES AND FOR PRODUCTION OF DOCUMENTS Case No. CV 07 5744 – AHM (AJWx)

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