`
`
`
`DAVID H. KRAMER, SBN 168452
`MAURA L. REES, SBN 191698
`LAUREN GALLO WHITE, SBN 309075
`WILSON SONSINI GOODRICH & ROSATI
`Professional Corporation
`650 Page Mill Road
`Palo Alto, CA 94304-1050
`Telephone: (650) 493-9300
`Facsimile: (650) 565-5100
`Email: dkramer@wsgr.com
` mrees@wsgr.com
` lwhite@wsgr.com
`
`
`Attorneys for Defendants and Counterclaimants
`YOUTUBE, LLC and GOOGLE LLC
`
`BRIAN M. WILLEN (admitted Pro Hac Vice)
`CATHERINE R. HARTMAN (admitted Pro
`Hac Vice)
`WILSON SONSINI GOODRICH & ROSATI
`Professional Corporation
`1301 Avenue of the Americas, 40th Floor
`New York, NY 10019-6022
`Telephone: (212) 999-5800
`Facsimile: (212) 999-5801
`Email: bwillen@wsgr.com
`Email: chartman@wsgr.com
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN FRANCISCO DIVISION
`
`CASE NO.: 3:20-cv-04423-JD
`
`DECLARATION OF CHENYUAN
`ZHU IN SUPPORT OF
`DEFENDANTS’ SEALING
`REQUESTS
`
`
`
`
`
`
`
`
`
`MARIA SCHNEIDER, UNIGLOBE
`ENTERTAINMENT, LLC, and AST
`PUBLISHING LTD., individually and on
`behalf of all others similarly situated,
`
`Plaintiffs,
`
`v.
`
`YOUTUBE, LLC and GOOGLE LLC,
`
`Defendants.
`
`YOUTUBE, LLC and GOOGLE LLC,
`
`
`
`Counterclaimants,
`
`v.
`
`
`
`PIRATE MONITOR LTD, PIRATE
`MONITOR LLC, and GÁBOR CSUPÓ,
`
`
`
`Counterclaim Defendants.
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`DECLARATION OF CHENYUAN ZHU
`
`
`
`
`
`CASE NO. 3:20-CV-04423-JD
`
`
`
`Case 3:20-cv-04423-JD Document 208-2 Filed 12/08/22 Page 2 of 9
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`I, Chenyuan Zhu, declare as follows:
`
`1.
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`I am currently a Product Manager for Content ID for Defendant YouTube, LLC
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`(“YouTube”). I previously worked in and then led YouTube’s copyright operations team, which
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`was responsible for leading YouTube’s DMCA-compliance efforts. I am familiar with YouTube’s
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`practices regarding copyright operations. I have personal knowledge of the facts set forth herein
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`and, if called as a witness, I could and would testify competently to them.
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`2.
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`Pursuant to Local Rule 79-5, I submit this Declaration in Support of Defendants’
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`Sealing Requests. YouTube has requested to seal limited, highly sensitive information contained
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`in documents submitted in connection with Plaintiffs’ Motion for Class Certification (ECF Nos.
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`189 and 190), YouTube’s opposition thereto (ECF Nos. 197 and 198), and Plaintiffs’ reply (ECF
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`Nos. 202 and 203). Where applicable, the more limited information proposed to be sealed is
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`attached to the Declaration of Catherine R. Hartman in Support of Defendants’ Sealing Requests
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`(“Hartman Declaration”) in redacted form. Mindful of the interest of public access to litigation
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`documents, YouTube’s redactions are specific and tailored as necessary to safeguard YouTube’s
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`confidential information.
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`3.
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`The following portions of the documents attached to the Hartman Declaration
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`should be redacted for the reasons set out below:
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`Portions Sought to be Sealed
`
`Basis for Sealing
`
`Exhibit 1 to the Hartman Declaration, originally filed at ECF Nos. 189-2 & 190-8:
`Excerpts of the June 21, 2022 30(b)(6) deposition of Kevin Zhu
`
`Ex. 2 to the Declaration of Demetri Blaisdell in Support of Plaintiffs’ Motion for Class
`Certification
`&
`Ex. 2 to Plaintiffs’ Administrative Motion to File Under Seal
`
`20:8-20; 21:1-19; 23:12-18;
`26:14-27:24
`
`This testimony contains detailed discussions about the
`operations of YouTube’s policy for terminating repeat
`infringers. It is highly sensitive commercial information
`YouTube protects as highly confidential and requires
`heightened protection. Defendants have designated this
`
`
`
`DECLARATION OF CHENYUAN ZHU
`
`
`
`-1-
`
`CASE NO. 3:20-CV-04423-JD
`
`
`
`Case 3:20-cv-04423-JD Document 208-2 Filed 12/08/22 Page 3 of 9
`
`
`
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`testimony “Confidential” under the parties’ Stipulated
`Protective Order.
`
`Public disclosure of the limited information YouTube seeks
`to seal would instruct bad actors on how to circumvent
`termination under YouTube’s repeat infringer policy and
`therefore hinder YouTube’s ability to identify and terminate
`repeat infringers.
`
`Exhibit 2 to the Hartman Declaration, originally filed at ECF Nos. 189-4 & 190-10:
`Excerpts of the June 29, 2022 deposition of Chris Ting
`
`Ex. 4 to the Declaration of Demetri Blaisdell in Support of Plaintiffs’ Motion for Class
`Certification
`&
`Ex. 4 to Plaintiffs’ Administrative Motion to File Under Seal
`
`107:11-12; 107:14-17; 107:25-
`108:3
`
`This testimony contains detailed discussions about
`YouTube’s internal target handling times for responding to
`DMCA takedown notices and counter notifications. It is
`highly sensitive commercial information YouTube protects
`as highly confidential and requires heightened protection.
`Defendants have designated this testimony “Highly
`Confidential - Attorneys’ Eyes Only” under the parties’
`Stipulated Protective Order. These targets reflect
`YouTube’s proprietary analysis regarding optimal
`takedown notice and counter notification processing times
`balanced with other factors, including safeguarding the
`quality of the review process. They also reflect
`confidential service level agreements incorporated into
`YouTube’s agreements with vendors who process
`takedown notices and counter notifications for YouTube.
`
`Public disclosure of such information would cause harm to
`YouTube by providing bad actors with information that
`would be used to abuse YouTube’s systems, allow
`competitors to use YouTube’s hard won knowledge to
`improve their own systems without having to expend the
`same resources and may harm YouTube’s relationship with
`its vendors if competitors use this information to offer
`vendors more favorable terms.
`
`DECLARATION OF CHENYUAN ZHU
`
`
`-2-
`
`CASE NO. 3:20-CV-04423-JD
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`Case 3:20-cv-04423-JD Document 208-2 Filed 12/08/22 Page 4 of 9
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`Exhibit 5 to the Hartman Declaration, originally filed at ECF Nos. 189-15 & 190-21:
`Expert Report of Joseph M. Winograd, Ph.D., dated September 1, 2022
`
`Ex. 15 to the Declaration of Demetri Blaisdell in Support of Plaintiffs’ Motion for Class
`Certification
`&
`Ex. 15 to Plaintiffs’ Administrative Motion to File Under Seal
`
`Portions of pages 11 and 68
`
`Portions of pages 18, 21, 39, 43,
`69, and 83
`
`The report of Plaintiffs’ proffered expert, Dr. Winograd,
`contains information about the number of videos on
`YouTube's platform. This information relies on testimony
`designated “Confidential” under the parties’ Stipulated
`Protective Order.
`
`The number of videos on YouTube is highly sensitive
`commercial information YouTube protects as highly
`confidential and requires heightened protection. Public
`disclosure of this information may allow competitors to
`estimate the scale of YouTube’s systems and resourcing
`costs, which they may use to improve upon their own
`systems and unfairly compete based on the knowledge of
`those resourcing costs.
`
`Dr. Winograd’s report contains discussions about the
`specific capabilities of YouTube’s copyright management
`tools, including Content ID and Copyright Match Tool's
`matching system and their numerical thresholds for
`detection. This information relies on testimony designated
`“Highly Confidential - Attorneys’ Eyes Only” under the
`parties’ Stipulated Protective Order.
`
`These capabilities are highly sensitive commercial
`information YouTube protects as highly confidential and
`require heightened protection. Public disclosure of such
`information would enable bad actors to abuse and
`circumvent YouTube’s systems and avoid detection by
`YouTube’s copyright management tools, Content ID and
`Copyright Match Tool. YouTube has developed its
`copyright management tools over the course of many years,
`incurring significant development costs. The public
`disclosure of this information could also result in
`competitive harm by revealing to competitors how Content
`ID and Copyright Match Tool technically function and
`providing them with information they could use to mimic
`YouTube’s proprietary technology without having to expend
`the same resources.
`
`DECLARATION OF CHENYUAN ZHU
`
`
`-3-
`
`CASE NO. 3:20-CV-04423-JD
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`Case 3:20-cv-04423-JD Document 208-2 Filed 12/08/22 Page 5 of 9
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`Portions of pages 20, 38, 40, and
`83-84
`
`Portions of page 50
`
`Dr. Winograd’s report contains discussions about specific
`operational methods of YouTube’s Content ID system and
`how Content ID scans videos on YouTube. This
`information relies on testimony and documents produced
`during discovery that were designated “Highly
`Confidential - Attorneys’ Eyes Only” under the parties’
`Stipulated Protective Order.
`
`These discussions about YouTube’s proprietary Content ID
`technology reference the names of specific Content ID
`functions and the details of how they operate, which are
`highly sensitive commercial information YouTube protects
`as highly confidential and requires heightened protection.
`YouTube has developed the Content ID system over the
`course of many years, incurring significant development
`costs. This nuanced technical discussion of how YouTube’s
`Content ID system functions, if publicly disclosed, could
`cause YouTube competitive harm, allowing others to
`understand the overall system design of Content ID's
`scanning system and potentially mimic the same
`functionality without having to expend the same resources to
`test and develop the system. Public disclosure of this
`technical information also would instruct bad actors on how
`to abuse YouTube’s Content ID system.
`
`Dr. Winograd’s report contains the specific criteria for
`Content ID partners to be granted access to a particular
`Content ID mode. This information relies on documents
`produced during discovery that were designated “Highly
`Confidential - Attorneys’ Eyes Only” under the parties’
`Stipulated Protective Order.
`
`These specific criteria are highly sensitive commercial
`information YouTube protects as highly confidential and
`requires heightened protection. This nuanced discussion of
`specific threshold requirements for accessing a particular
`mode of the Content ID system, if disclosed, would frustrate
`some of the purpose of having thresholds in the first place,
`as disseminating the knowledge of these thresholds could
`lead to gaming them. It also would show Content ID
`participants how to advance to different Content ID modes
`through improper means and thereby, manipulate the
`Content ID process. YouTube has developed its Content ID
`system over the course of many years, incurring significant
`development costs. Public disclosure of this information
`may also unfairly advantage competitors who could use this
`information to improve their own copyright management
`systems without having to expend the same resources.
`
`DECLARATION OF CHENYUAN ZHU
`
`
`-4-
`
`CASE NO. 3:20-CV-04423-JD
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`Case 3:20-cv-04423-JD Document 208-2 Filed 12/08/22 Page 6 of 9
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`Exhibit 6 to the Hartman Declaration, originally filed at ECF Nos. 189-17 & 190-24:
`Excerpts of Defendants’ Amended Responses and Objections to Schneider Interrogatory
`No. 4, dated June 17, 2022
`
`Ex. 18 to the Declaration of Demetri Blaisdell in Support of Plaintiffs’ Motion for Class
`Certification
`&
`Ex. 18 to Plaintiffs’ Administrative Motion to File Under Seal
`
`6:20-24; 9:4-5
`
`This interrogatory response contains details about the
`operations of YouTube’s policy for terminating repeat
`infringers, including its methodology for detecting repeat
`infringers. Defendants have designated this interrogatory
`response “Highly Confidential - Attorneys’ Eyes Only”
`under the parties’ Stipulated Protective Order.
`
`Information contained in this response is highly sensitive
`commercial information YouTube protects as highly
`confidential and requires heightened protection. Public
`disclosure of the limited information YouTube seeks to seal
`would instruct bad actors on how to circumvent termination
`under YouTube’s repeat infringer policy and therefore
`hinder YouTube’s ability to identify and terminate repeat
`infringers.
`
`Exhibit 9 to the Hartman Declaration, originally filed at ECF Nos. 189-27 & 190-35:
`Internal YouTube document, bearing production number GOOG-SCHNDR-00041383
`
`Ex. 29 to the Declaration of Demetri Blaisdell in Support of Plaintiffs’ Motion for Class
`Certification
`&
`Ex. 29 to Plaintiffs’ Administrative Motion to File Under Seal
`
`Portions of pages -383 to -385,
`and -387
`
`This is an internal policy document detailing YouTube’s
`methods and efforts to suspend channels linked to bad
`actors on YouTube, including the suspension logic,
`internal tools involved, risk mitigation steps, and impact
`evaluation. Defendants have designated this document
`“Highly Confidential - Attorneys’ Eyes Only” under the
`parties’ Stipulated Protective Order.
`
`This information is highly sensitive commercial information
`YouTube protects as highly confidential and requires
`heightened protection. Public disclosure of this information
`would instruct bad actors who had previously faced
`termination on how to circumvent YouTube’s efforts to
`remove additional content linked to them.
`
`DECLARATION OF CHENYUAN ZHU
`
`
`-5-
`
`CASE NO. 3:20-CV-04423-JD
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`Case 3:20-cv-04423-JD Document 208-2 Filed 12/08/22 Page 7 of 9
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`Exhibit 11 to the Hartman Declaration, originally filed at ECF Nos. 189-29 & 190-38:
`Internal YouTube document, bearing production number GOOG-SCHNDR-00000918
`
`Ex. 32 to the Declaration of Demetri Blaisdell in Support of Plaintiffs’ Motion for Class
`Certification
`&
`Ex. 32 to Plaintiffs’ Administrative Motion to File Under Seal
`
`Portions of pages -918 to -920,
`and -922 to -923
`
`This is an internal policy document detailing YouTube's
`methods and efforts to suspend channels linked to bad
`actors on YouTube, including the suspension logic,
`internal tools involved, risk mitigation steps, and impact
`evaluation. Defendants have designated this document
`“Confidential” under the parties’ Stipulated Protective
`Order.
`
`The portions of the document above are highly sensitive
`commercial information YouTube protects as highly
`confidential and requires heightened protection. Public
`disclosure of this information would instruct bad actors who
`had previously faced termination on how to circumvent
`YouTube’s efforts to remove additional content linked to
`them.
`
`Exhibit 16 to the Hartman Declaration, originally filed at ECF Nos. 189-42 & 190:
`Plaintiffs’ Motion for Class Certification
`
`15:25-16:1; 16:3-5
`
`This document contains detailed, highly sensitive
`confidential information about the operations of
`YouTube’s policy for terminating repeat infringers.
`Defendants have designated the underlying information
`upon which this document relies “Confidential” under the
`parties’ Stipulated Protective Order.
`
`Public disclosure of the limited information YouTube seeks
`to seal would instruct bad actors on how to circumvent
`termination under YouTube’s repeat infringer policy and
`therefore hinder YouTube’s ability to identify and terminate
`repeat infringers.
`
`Exhibit 17 to the Hartman Declaration, originally filed at ECF Nos. 202-8 & 203-25:
`Expert Report of Hal J. Singer, Ph.D., dated November 17, 2022
`
`Ex. 82 to the Reply Declaration of Demetri Blaisdell in Support of Plaintiffs’ Motion for Class
`Certification
`&
`Ex. 82 to Plaintiffs’ Administrative Motion to File Under Seal
`
`DECLARATION OF CHENYUAN ZHU
`
`
`-6-
`
`CASE NO. 3:20-CV-04423-JD
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`Case 3:20-cv-04423-JD Document 208-2 Filed 12/08/22 Page 8 of 9
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`Portions of pages 11, 54, and 56-
`57
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`The report of Plaintiff’s proffered expert, Dr. Singer,
`reveals the number of videos on YouTube’s platform and
`information to calculate that number. The number of
`videos on YouTube’s platform is highly sensitive
`commercial information YouTube protects as highly
`confidential and requires heightened protection. This
`information relies on documents produced during
`discovery that have been designated “Highly Confidential -
`Attorneys’ Eyes Only” under the parties’ Stipulated
`Protective Order.
`
`Public disclosure of this information may allow competitors
`to estimate the scale of YouTube’s systems and resourcing
`costs, which they may use to improve upon their own
`systems and unfairly compete based on the knowledge of
`those resourcing costs.
`
`Exhibit 18 to the Hartman Declaration, originally filed at ECF Nos. 202-9 & 203-29:
`Internal YouTube document entitled “Access to Content ID and sensitive features,”
`bearing production number GOOG-SCHNDR-00001112
`
`Ex. 86 to the Reply Declaration of Demetri Blaisdell in Support of Plaintiffs’ Motion for Class
`Certification
`&
`Ex. 86 to Plaintiffs’ Administrative Motion to File Under Seal
`
`Portions of page -113
`
`This document contains the specific criteria for Content ID
`partners to be granted access to particular Content ID
`modes. This information relies on documents produced
`during discovery that were designated “Highly
`Confidential - Attorneys’ Eyes Only” under the parties’
`Stipulated Protective Order.
`
`These specific criteria are highly sensitive commercial
`information YouTube protects as highly confidential and
`requires heightened protection. This nuanced discussion of
`specific threshold requirements for accessing a particular
`mode of the Content ID system, if disclosed, would instruct
`bad actors on how to abuse YouTube’s system to gain
`access to those modes of Content ID. It also would show
`Content ID participants how to advance to different Content
`ID modes through improper means and thereby, manipulate
`the Content ID process. YouTube has developed its Content
`ID system over the course of many years, incurring
`significant development costs. Public disclosure of this
`information may also unfairly advantage competitors who
`could use this information to improve their own copyright
`management systems without having to expend the same
`resources.
`
`DECLARATION OF CHENYUAN ZHU
`
`
`-7-
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`CASE NO. 3:20-CV-04423-JD
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`Case 3:20-cv-04423-JD Document 208-2 Filed 12/08/22 Page 9 of 9
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`I declare under penalty of perjury under the laws of the United States that the foregoing is
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`true and correct. Executed this 8th day of December 2022 at Pacifica, California.
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`/s/ Chenyuan Zhu
`Chenyuan Zhu
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`ATTORNEY ATTESTATION
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`I, Catherine R. Hartman, am the ECF User whose ID and password are being used to file
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`this document. In compliance with N.D. Cal. Civil L.R. 5-1(i)(3), I hereby attest that the
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`concurrence in the filing of this document has been obtained from the signatory.
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`/s/ Catherine R. Hartman
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`DECLARATION OF CHENYUAN ZHU
`
`
`-8-
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`CASE NO. 3:20-CV-04423-JD
`
`