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`John E. Schmidtlein (CA State Bar No. 163520)
`WILLIAMS & CONNOLLY LLP
`680 Maine Avenue, S.W.
`Washington, DC 20024
`Telephone:
`(202) 434-5000
`Facsimile:
`(202) 434-5029
`Email:
`jschmidtlein@wc.com
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`Attorney for Defendant Google LLC
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`RUMBLE, INC.,
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`OAKLAND DIVISION
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`Case No. 4:21-cv-00229-HSG
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`DEFENDANT GOOGLE LLC’S ANSWER
`AND AFFIRMATIVE DEFENSES TO
`RUMBLE’S FIRST AMENDED
`COMPLAINT
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`Judge: Hon. Haywood S. Gilliam, Jr.
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`Plaintiff,
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`v.
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`GOOGLE LLC and DOES 1-10, inclusive,
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` Defendants.
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`Case 4:21-cv-00229-HSG Document 63 Filed 09/09/22 Page 2 of 38
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`Defendant Google LLC (“Google” or “Defendant”), through its undersigned counsel,
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`answers the First Amended Complaint (Dkt. No. 21) of Rumble, Inc. (“Rumble” or “Plaintiff”), as
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`set forth below using the paragraph numbers of the allegations asserted in Rumble’s First Amended
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`Complaint.
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`RESPONSE TO NUMBERED PARAGRAPHS
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`The section headings in the First Amended Complaint do not require a response. To the
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`extent that the section headings contain allegations requiring a response, Google denies all such
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`allegations.
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`1.
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`Google admits that Rumble purports to bring an action under Section 2 of the Sherman
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`Act (15 U.S.C. § 2), and Sections 4 and 15 of the Clayton Act (15 U.S.C. §§ 4 and 15), but denies
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`that Rumble is entitled to any of the relief that it seeks and denies any other allegations in this
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`paragraph.
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`2.
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`3.
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`4.
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`Google denies the allegations in Paragraph 2 of the First Amended Complaint.
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`Google denies the allegations in Paragraph 3 of the First Amended Complaint.
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`Google denies the allegations in the first, third, and seventh sentences of Paragraph 4
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`of the First Amended Complaint. As to the allegations in the second sentence of Paragraph 4 of the
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`First Amended Complaint, Google admits that it acquired the Android operating system and that
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`Android is an operating system that Google licenses open-source with an Apache license, but Google
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`denies the remaining allegations in this sentence. As to the allegations in the fourth sentence of
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`Paragraph 4 of the First Amended Complaint, Google admits that certain manufacturers of smart
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`devices have used the Android operating system for such devices without paying any licensing fee,
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`developing their own operating system, or handing over control over their devices, but lacks
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`sufficient information regarding the remaining allegations of this sentence to form a belief as to their
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`truth or falsity and denies them on that basis. As to the allegations in the fifth sentence of Paragraph
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`4 of the First Amended Complaint, Google admits that independent, third-party app developers have
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`developed apps that are compatible with the Android operating system, but lacks sufficient
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`information regarding the remaining allegations of this sentence and denies them on that basis. As
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`Case 4:21-cv-00229-HSG Document 63 Filed 09/09/22 Page 3 of 38
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`to the allegations in the sixth sentence of Paragraph 4 of the First Amended Complaint, Google admits
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`that Google created the Google Play app, which allows users to download other apps, but denies the
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`remaining allegations in this sentence.
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`5.
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`Google denies the allegations in the first and third sentences of Paragraph 5 of the
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`First Amended Complaint. As to the allegations in the second sentence of this paragraph, Google
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`admits that it uses agreements to license its proprietary apps to manufacturers and distributors of
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`smart devices, but denies the remaining allegations in this sentence.
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`6.
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`Google denies the allegations in the first, third, and fourth sentences of Paragraph 6
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`of the First Amended Complaint. As to the allegations in the second sentence of this paragraph,
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`Google admits that online searching for videos is done on smartphones, but denies the remaining
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`allegations in this sentence.
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`7.
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`Google denies the allegations in the third sentence of Paragraph 7 of the First
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`Amended Complaint. As to the first sentence of this paragraph, Google lacks sufficient information
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`regarding the allegations in this sentence to form a belief as to their truth or falsity and denies them
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`on that basis. As to the second sentence of this paragraph, Google denies that Rumble’s “search
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`traffic has been diverted to YouTube through Google’s wrongful conduct,” but lacks sufficient
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`information regarding the other allegations in this sentence to form a belief as to their truth or falsity
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`and denies them on that basis.
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`8.
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`Google denies the allegations in the second sentence of Paragraph 8 of the First
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`Amended Complaint. As to the first sentence of Paragraph 8 of the First Amended Complaint,
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`Google admits that Rumble has uploaded videos to YouTube and that those videos have generated
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`views, Google denies that Rumble has suffered any damages proximately caused by Google’s
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`conduct or that Google’s conduct was or is “unlawful,” and Google lacks sufficient information
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`regarding the remaining allegations in this sentence to form a belief as to their truth or falsity and
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`denies them on that basis.
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`9.
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`Google denies the allegations in the first sentence of Paragraph 9 of the First Amended
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`Complaint. As to the second, third, fourth, and fifth sentence of this paragraph, and excerpted image
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`Case 4:21-cv-00229-HSG Document 63 Filed 09/09/22 Page 4 of 38
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`in Figure 1, Google admits that these sentences and Figure purport to describe and excerpt Google
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`search results for the query “Baby preciously cuddles cat for nap time” but lacks sufficient
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`information regarding the remaining allegations of these sentences and Figure to form a belief as to
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`their truth or falsity and denies them on that basis. As to the sixth sentence of this paragraph, Google
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`denies any allegation that Google search algorithms are “rigged” or Google “manipulate[es] the
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`search results” “to give unfair preference to YouTube,” but lacks sufficient information regarding
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`the remaining allegations of this sentence and denies them on that basis.
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`10.
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`Google admits that this paragraph and Figure 1 purport to describe Google search
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`results for the query “Baby preciously cuddles cat for nap time.” Google denies that the purported
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`results for the Google search in this Figure list “dated and unrelated YouTube videos” or
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`“miscellaneous unrelated YouTube videos that do not contain, in fact, are not even close to, the
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`searched-for title, and are quite dated.” Google lacks sufficient information regarding the remaining
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`allegations in this paragraph to form a belief as to their truth or falsity and denies them on that basis.
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`11.
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`As to the first sentence of Paragraph 11 of the First Amended Complaint, Google
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`admits that Rumble made sitemap submissions to Google Search Console in May 2019, but denies
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`that it had knowledge that the referenced video “was a Rumble exclusive and original asset.” Google
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`lacks sufficient information regarding the remaining allegations in the first sentence of this paragraph
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`to form a belief as to their truth or falsity and denies them on that basis. As to the second sentence
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`in this paragraph, Google denies that “[p]ursuant to Google’s publicly stated policies, Rumble should
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`have been elevated in the search results (actually should have been listed first),” Google admits that
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`Figure 1, which purports to excerpt Google search results for the query “Baby preciously cuddles cat
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`for nap time,” does not on its face refer to a Rumble website, and Google lacks sufficient information
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`regarding the remaining allegations in this sentence to form a belief as to their truth or falsity and
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`denies them on that basis.
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`12.
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`Google admits that Paragraph 12 and Figure 2 of the First Amended Complaint
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`purport to describe and excerpt Google search results for the query “Baby preciously cuddles cat for
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`nap time,” and that Figure 2 does not on its face refer to a Rumble website. Google denies that the
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`Case 4:21-cv-00229-HSG Document 63 Filed 09/09/22 Page 5 of 38
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`purported Google search results depicted in Figure 2 list “a very different and very dated YouTube
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`video with [a] dissimilar title” in response to the purported query. Google lacks sufficient knowledge
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`regarding the remaining allegations in this paragraph to form a belief as to their truth or falsity and
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`denies them on that basis.
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`13.
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`Google admits that Figure 2 purports to excerpt Google search results for the query
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`“Baby preciously cuddles cat for nap time,” and that Figure 2 does not on its face refer to a Rumble
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`website. Google denies that Figure 2 or any other allegations from Rumble “evidenc[e] Google’s
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`self-preference of YouTube over competitors.” Google denies that as of November 24, 2020 it had
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`knowledge that Rumble was the alleged “original source” of a video titled “Baby preciously cuddles
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`cat for nap time.” Google lacks sufficient knowledge regarding the remaining allegations in this
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`paragraph to form a belief as to their truth or falsity and denies them on that basis.
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`14.
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`Google lacks sufficient knowledge regarding the allegations in Paragraph 14 of the
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`First Amended Complaint to form a belief as to their truth or falsity and denies them on that basis.
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`15.
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`Google lacks sufficient knowledge regarding the allegations in Paragraph 15 of the
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`First Amended Complaint to form a belief as to their truth or falsity and denies them on that basis.
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`16.
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`Google admits that Rumble has uploaded videos to YouTube and that, through
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`September 2020, videos associated with the Client ID linked to Rumble generated approximately 9.2
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`billion views on YouTube.
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`17.
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`The first sentence of Paragraph 17 of the First Amended Complaint contains a
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`normative statement not subject to admission or denial; to the extent this sentence contains any
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`factual allegations requiring a response, Google denies them. As to the second and third sentences
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`of this paragraph, Google lacks sufficient knowledge regarding the allegations in those sentences to
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`form a belief as to their truth or falsity and denies them on that basis.
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`18.
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`Google lacks sufficient knowledge regarding the allegations in Paragraph 18 of the
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`First Amended Complaint to form a belief as to their truth or falsity and denies them on that basis.
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`19.
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`Google lacks sufficient knowledge regarding the allegations in Paragraph 19 of the
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`First Amended Complaint to form a belief as to their truth or falsity and denies them on that basis.
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`Case 4:21-cv-00229-HSG Document 63 Filed 09/09/22 Page 6 of 38
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`20.
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`Google lacks sufficient knowledge regarding the allegations in Paragraph 20 of the
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`First Amended Complaint to form a belief as to their truth or falsity and denies them on that basis.
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`21.
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`Google lacks sufficient knowledge regarding the allegations in Paragraph 21 of the
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`First Amended Complaint to form a belief as to their truth or falsity and denies them on that basis.
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`22.
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`Google lacks sufficient knowledge regarding the allegations in Paragraph 22 of the
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`First Amended Complaint to form a belief as to their truth or falsity and denies them on that basis.
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`23.
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`Google admits that it is a party to the pending lawsuit captioned United States of
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`America et al. v. Google LLC, No. 1:20-cv-03010 (D.D.C.). Google denies the remaining allegations
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`in this paragraph.
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`24.
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`Google lacks sufficient information regarding the allegations in the first, second,
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`fourth, fifth, and sixth sentences of Paragraph 24 of the First Amended Complaint to form a belief as
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`to their truth or falsity and denies them on that basis. As to the third sentence of this paragraph,
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`Google admits that Rumble has uploaded videos to YouTube, but denies that Google has obtained a
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`monopoly for its YouTube platform or that Google has obtained such a monopoly through unlawful
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`anti-competitive conduct, and Google lacks sufficient knowledge regarding the other allegations in
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`this sentence to form a belief as to their truth or falsity and denies them on that basis.
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`25.
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`Google denies the allegations in the first sentence of Paragraph 25 of the First
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`Amended Complaint. As to the second sentence of this paragraph, Google admits that it purchased
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`YouTube in 2006 but denies the remaining allegations of this sentence.
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`26.
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`Google denies the allegations in Paragraph 26 of the First Amended Complaint, and
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`incorporates by reference its Answer to the DOJ Complaint.
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`27.
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`28.
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`Google denies the allegations in Paragraph 27 of the First Amended Complaint.
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`Google admits that Paragraph 28 of the First Amended Complaint contains an excerpt
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`from the July 14, 2020 Wall Street Journal Article entitled “Searching for Videos? Google Pushes
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`YouTube Over Rivals,” but denies the allegations characterizing the substance of that article and
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`denies the remaining allegations in this paragraph.
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`29.
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`Google admits that Paragraph 29 of the First Amended Complaint contains an excerpt
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`Case 4:21-cv-00229-HSG Document 63 Filed 09/09/22 Page 7 of 38
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`from an October 6, 2020 Report issued by the House of Representatives entitled “Investigation of
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`Competition in Digital Market, Majority Staff Report and Recommendation,” but denies the
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`allegations characterizing the substance of that report and denies the remaining allegations in this
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`paragraph.
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`30.
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`Google admits that Paragraph 30 of the First Amended Complaint contains an excerpt
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`from an October 6, 2020 Report issued by the House of Representatives entitled “Investigation of
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`Competition in Digital Market, Majority Staff Report and Recommendation,” but denies the
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`allegations characterizing the substance of that report and denies the remaining allegations in this
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`paragraph.
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`31.
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`32.
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`33.
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`Google denies the allegations in Paragraph 31 of the First Amended Complaint.
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`Google denies the allegations in Paragraph 32 of the First Amended Complaint.
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`Google admits that Paragraph 33 of the First Amended Complaint contains an excerpt
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`from an October 6, 2020 Report issued by the House of Representatives entitled “Investigation of
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`Competition in Digital Market, Majority Staff Report and Recommendation,” but denies the
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`allegations characterizing the substance of that report and denies the remaining allegations in this
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`paragraph.
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`34.
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`Google admits that Paragraph 34 of the First Amended Complaint contains an excerpt
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`from a September 26, 2014 Gizmodo article entitled “Why Android Phones Now Come With So Many
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`More Google Apps,” but denies the allegations characterizing the substance of that article and denies
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`the remaining allegations in this paragraph.
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`35.
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`Google admits that Paragraph 35 of the First Amended Complaint contains an excerpt
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`from the DOJ Complaint filed in United States of America et al. v. Google LLC, No. 1:20-cv-03010
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`(D.D.C.). Google incorporates by reference its Answer to the DOJ Complaint, and in particular its
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`answer to these excerpted paragraphs, and denies the other allegations in Paragraph 35 of the First
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`Amended Complaint, including the allegations characterizing the DOJ Complaint.
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`36.
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`Google denies the allegations in the first and second sentences of Paragraph 36 of the
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`First Amended Complaint. Google lacks sufficient knowledge regarding the allegations in the third
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`Case 4:21-cv-00229-HSG Document 63 Filed 09/09/22 Page 8 of 38
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`sentence of this paragraph to form a belief as to their truth or falsity, and denies them on that basis.
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`37.
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`As to the first sentence of Paragraph 37 of the First Amended Complaint, Google lacks
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`sufficient knowledge regarding the allegations in this sentence to form a belief as to their truth or
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`falsity and denies them on that basis. As to the second sentence of this paragraph, Google admits
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`that Rumble has uploaded videos to YouTube, but Google denies the remaining allegations in this
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`sentence. As to the third sentence of this paragraph, Google admits that Google pays Rumble a
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`portion of the advertising revenue generated from videos that Rumble uploads to YouTube, but
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`Google denies the remaining allegations of this sentence.
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`38.
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`As to the first sentence of Paragraph 38 of the First Amended Complaint, Google lacks
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`sufficient knowledge regarding the allegations in this sentence to form a belief as to their truth or
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`falsity and denies them on that basis. As to the second sentence of this paragraph, Google denies that
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`it “diverts traffic to the YouTube platform instead of Rumble’s,” and Google lacks sufficient
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`information regarding the other allegations in this sentence to form a belief as to their truth or falsity
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`and denies them on that basis. As to the third sentence of this paragraph, Google denies the
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`allegations that any of Google’s actions have caused or are causing “direct injury to competition
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`(many video platforms who were active online before Google purchased YouTube no longer exist),
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`to competitors (such as Rumble), and to consumers,” and Google lacks sufficient knowledge
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`regarding the remaining allegations in this sentence to form a belief as to their truth or falsity and
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`denies them on that basis.
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`39.
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`Google denies the allegations in the first, third, and fourth sentences of Paragraph 39
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`of the First Amended Complaint. As to the second sentence of this paragraph, Google lacks sufficient
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`knowledge regarding the allegations in that sentence to form a belief as to their truth or falsity and
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`denies them on that basis.
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`40.
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`Google denies the allegations in the first sentence of Paragraph 40 of the First
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`Amended Complaint. As to the second sentence of this paragraph, Google lacks sufficient knowledge
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`regarding Rumble’s beliefs and therefore denies these allegations. For the avoidance of doubt,
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`Google further states that Rumble is not entitled to any of the relief that it seeks, including the relief
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`Case 4:21-cv-00229-HSG Document 63 Filed 09/09/22 Page 9 of 38
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`discussed in this paragraph.
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`41.
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`Google lacks sufficient knowledge regarding the allegations in Paragraph 41 of the
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`First Amended Complaint to form a belief as to their truth or falsity, and denies them on that basis.
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`42.
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`Google admits that it is a limited liability company organized and existing under the
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`laws of the State of Delaware and that it maintains a Mountain View, California business address.
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`Google further admits that it is a subsidiary of XXVI Holdings Inc., a Delaware corporation that
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`maintains a Mountain View, California business address, and that XXVI Holdings Inc. is a subsidiary
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`of Alphabet Inc. Google further admits that it wholly owns YouTube LLC, a limited liability
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`company organized and existing under the laws of the State of Delaware. Google further admits that
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`Alphabet Inc. is a publicly traded company that is incorporated and existing under the laws of the
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`State of Delaware and that maintains its principal executive offices in Mountain View, California.
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`Google denies the remaining allegations in this paragraph.
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`43.
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`The allegations in the first and third sentences of Paragraph 43 of the First Amended
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`Complaint are legal conclusions not subject to admission or denial. Google admits that it provides a
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`range of products and services that are marketed, distributed, and offered to consumers throughout
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`the United States, across state lines, and internationally.
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`44.
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`The allegations of Paragraph 44 of the First Amended Complaint are legal conclusions
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`not subject to admission or denial. To the extent a response is required, Google does not dispute—
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`for the purposes of this action only—the personal jurisdiction of this Court. Google denies any
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`remaining allegations of this paragraph.
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`45.
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`Google admits that Rumble purports to bring an action under Section 2 of the Sherman
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`Act (15 U.S.C. § 2), and Sections 4 and 15 of the Clayton Act (15 U.S.C. §§ 4 and 15), but denies
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`that Rumble is entitled to any of the relief that it seeks and denies any other allegations in this
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`paragraph.
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`46.
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`The allegations of Paragraph 46 of the First Amended Complaint are legal conclusions
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`not subject to admission or denial. To the extent a response is required, Google does not dispute
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`subject matter jurisdiction in this action.
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`Case 4:21-cv-00229-HSG Document 63 Filed 09/09/22 Page 10 of 38
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`47.
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`The allegations of Paragraph 47 of the First Amended Complaint are legal conclusions
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`not subject to admission or denial. To the extent a response is required, Google does not dispute—
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`for the purposes of this action only—venue in this Court. Google denies any remaining allegations
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`of this paragraph.
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`48.
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`As to the first sentence of Paragraph 48 of the First Amended Complaint, Google
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`admits that there have been changes to the corporate structure of Google and its affiliates, but Google
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`lacks sufficient information regarding the remaining allegations in this sentence to form a belief as
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`to their truth or falsity and denies them on that basis. The allegations in the second sentence of this
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`paragraph are legal conclusions or purported reservations of rights not subject to admission or denial.
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`49.
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`Google admits that YouTube was founded by Chad Hurley, Steve Chen, and Jawed
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`Kari, but Google lacks sufficient information regarding the remaining allegations in Paragraph 49 of
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`the First Amended Complaint to form a belief as to their truth or falsity and denies them on that basis.
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`50.
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`Google admits the allegations in the first, second, and third sentences of Paragraph 50
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`of the First Amended Complaint. Google lacks sufficient information regarding the allegations in
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`the fourth sentence of this paragraph to form a belief as to their truth or falsity and denies them on
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`that basis. As to the fifth sentence of this paragraph, Google lacks sufficient information regarding
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`whether the number of online video platforms has changed since November of 2006 to form a belief
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`as to its truth or falsity and denies it on that basis. Google also denies any remaining allegations in
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`this sentence.
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`51.
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`52.
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`Google denies the allegations in this paragraph.
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`Google admits that it paid approximately $1.65 billion for YouTube and that, when
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`Google acquired YouTube, YouTube had been active for less than two years and had not yet turned
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`a profit. Google denies the remaining allegations in this paragraph.
`
`53.
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`Google denies the allegations in the third sentence of Paragraph 53 of the First
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`Amended Complaint. As to the first sentence of this paragraph, Google admits that it has at some
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`point realized that its online search platform could be used to search for videos, but denies the
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`remaining allegations in this sentence. As to the second sentence of this paragraph, Google admits
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`that the location of a link on the Google search page is a factor that, in some circumstances, might
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`affect whether a user clicks on that link, but denies the remaining allegations of this paragraph.
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`54.
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`Google denies the allegations in the first sentence of Paragraph 54 of the First
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`Amended Complaint. As to the second and third sentences of this paragraph, Google admits that the
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`cited references contain reporting on various revenue figures for YouTube, but denies the allegations
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`characterizing those references and denies any remaining allegations in those sentences.
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`55.
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`The allegations in the first sentence of Paragraph 55 of the First Amended Complaint
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`are legal conclusions not subject to admission or denial. To the extent a response is required, Google
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`denies the allegations in the first sentence of this paragraph. As to the second sentence of this
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`paragraph, Google admits that there are online video platforms that allow content creators and other
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`consumers to upload, view, share, and download video content, but otherwise denies the allegations
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`in this sentence.
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`56.
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`The allegations in the first sentence of Paragraph 56 of the First Amended Complaint
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`are legal conclusions not subject to admission or denial. To the extent a response is required, Google
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`denies the allegations in the first sentence of this paragraph. As to the second sentence of this
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`paragraph, Google admits that consumers use online video platforms for, inter alia, uploading,
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`viewing, sharing, and downloading video content, and enjoy the use of such platforms, but Google
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`denies any remaining allegations of this sentence.
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`57.
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`The allegations in Paragraph 57 of the First Amended Complaint are legal conclusions
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`not subject to admission or denial. To the extent a response is required, Google admits that it
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`purchased YouTube for approximately $1.65 billion within two years of YouTube having launched,
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`but Google denies the remaining allegations in this paragraph.
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`58.
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`The allegations in the first, second, fourth, and eighth sentences of Paragraph 58 of
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`the First Amended Complaint are legal conclusions not subject to admission or denial. To the extent
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`a response is required, Google denies the allegations in the first, second, fourth, and eighth sentences
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`of this paragraph. As to the allegations in the third and sixth sentences of this paragraph, Google
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`lacks sufficient knowledge regarding these allegations to form a belief as to their truth or falsity and
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`denies them on that basis. As to the fifth sentence of this paragraph, the allegation that TikTok,
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`Instagram and Facebook “do not provide the same type of video sharing and viewing services” is a
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`legal conclusion not subject to admission or denial, but Google denies this allegation to the extent a
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`response is required, and Google lacks sufficient information regarding the remaining allegations in
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`this sentence to form a belief as to their truth or falsity and denies them on that basis. As to the
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`seventh sentence of this paragraph, Google admits that there are third-party reports of a 2018
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`agreement between Google and Facebook, but Google denies the allegations characterizing those
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`reports and denies the remaining allegations of this sentence.
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`59.
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`The allegations in the first and third sentence of Paragraph 59 of the First Amended
`
`Complaint are legal conclusions not subject to admission or denial. To the extent a response is
`
`required, Google denies the allegations in the first and third sentences of this paragraph. As to the
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`second sentence of this paragraph, Google admits that certain users can customize Google’s search
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`engine to preference results from certain countries and regions, but Google denies the remaining
`
`allegations in this sentence.
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`60.
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`The allegations in the first sentence of Paragraph 60 of the First Amended Complaint
`
`are legal conclusions not subject to admission or denial. To the extent a response is required, Google
`
`denies the allegations in the first sentence of this paragraph. Google denies the remaining allegations
`
`of this paragraph on the grounds that “significant,” “highly complex,” “effective,” “adequate,” and
`
`“vital” are undefined, rendering those allegations vague as a matter of law and that, to the extent not
`
`vague, Google lacks knowledge or information sufficient to form a belief as to their truth or falsity.
`
`61.
`
`The allegations in the first sentence of Paragraph 61 of the First Amended Complaint
`
`are legal conclusions not subject to admission or denial. To the extent a response is required, Google
`
`denies the allegations in the first sentence of this paragraph. As to the second sentence of this
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`paragraph, Google admits that the cited websites generally refer to online video platforms in
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`connection with market analysis, but Google otherwise denies the remaining allegations of this
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`sentence.
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`62.
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`The allegations in the first sentence of Paragraph 62 of the First Amended Complaint
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`are legal conclusions not subject to admission or denial. To the extent a response is required, Google
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`denies the allegations in the first sentence of this paragraph. Google denies the remaining allegations
`
`of this paragraph.
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`63.
`
`As to the first and second sentences of Paragraph 63 of the First Amended Complaint,
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`Google admits that the Wall Street Journal has reported on various market share measures associated
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`with Google, but otherwise denies the allegations in these sentences. The allegations in the third
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`sentence of this paragraph are premised on Rumble’s proposed market definition, a legal conclusion
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`not subject to admission or denial. To the extent a response is required, Google denies the allegations
`
`in the third sentence of this paragraph.
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`64.
`
`65.
`
`66.
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`67.
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`68.
`
`Google denies the allegations in Paragraph 64 of the First Amended Complaint.
`
`Google denies the allegations in Paragraph 65 of the First Amended Complaint.
`
`Google denies the allegations of Paragraph 66 of the First Amended Complaint.
`
`Google denies the allegations in Paragraph 67 of the First Amended Complaint.
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`Paragraph 68 of the First Amended Complaint merely incorporates by reference
`
`Paragraphs 2 to 13 of the First Amended Complaint, and thus no additional response is required. To
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`the extent a response is required, Google incorporates by reference its responses to Paragraphs 2 to
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`13 of the First Amended Complaint.
`
`69.
`
`Google denies the allegations in the second sentence of Paragraph 69 of the First
`
`Amended Complaint. As to the first sentence of this paragraph and Figure 3, Google admits that this
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`sentence and Figure purport to describe and excerpt the results of a Google video search wi