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`Exhibit F
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` 1
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` 2 UNITED STATES DISTRICT COURT
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` 3 SOUTHERN DISTRICT OF NEW YORK
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` 4 ---------------------------------x
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` 5 NETWORK-1 TECHNOLOGIES,INC.
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` 6 Plaintiff,
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` 7 Civil Action No.
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` 8 -against- 1:14-cv-02396-PGG
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` 9
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`10 GOOGLE, INC, and YOUTUBE, LLC,
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`11 Defendants.
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`12 ---------------------------------x
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`13 May 28, 2015, 2014
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`14 9:10 a.m.
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`15 ** OUTSIDE ATTORNEYS EYES ONLY **
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`16 VOLUME I
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`17 Confidential Videotaped Deposition of
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`18 DAVID ERB, taken by the Plaintiffs, pursuant
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`19 to Notice and Rule 30(b)(6) Notice, at the
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`20 offices of SKADDEN ARPS SLATE MEAGHER & FLOM
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`21 LLP, Four Times Square, New York, New York,
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`22 before David Levy, CSR, RPR, CLR, a Notary
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`23 Public of the State of New York.
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`24
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`25
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`Case 1:14-cv-02396-PGG-SN Document 249-6 Filed 04/07/21 Page 2 of 5
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`1
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`DAVID ERB, 30(b)(6) - VOLUME I
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` 1 Erb - Confidential - Outside Counsel Only
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` 2 Q. And first of all, did you assist in
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` 3 preparing the list of alleged alternatives that
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` 4 are provided in response to interrogatory number
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` 5 13?
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` 6 A. I consulted with counsel in -- in a
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` 7 discussion about this general question.
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` 8 Q. Okay. Now, I'd like to, what I'd like
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` 9 to do is go through each of these for a few
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`10 moments. And the first one that's listed here,
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`11 which is on, begins around the middle of page 20,
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`12 refers to locating the servers running the accused
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`13 instrumentalities or a portion of the accused
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`14 instrumentalities outside of the United States, do
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`15 you see that?
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`16 A. Yes.
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`17 Q. Do you have any understanding of what
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`18 that would mean in terms of an alternative to the
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`19 way the Google system is currently operated?
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`20 A. I think so.
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`21 Q. What would that mean?
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`22 A. I think that would mean running, for
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`23 example, the fingerprinting and/or the match
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`24 servers and/or the claiming logic on, in data
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`25 centers that are outside the United States.
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`Case 1:14-cv-02396-PGG-SN Document 249-6 Filed 04/07/21 Page 3 of 5
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`259
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`DAVID ERB, 30(b)(6) - VOLUME I
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` 1 Erb - Confidential - Outside Counsel Only
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` 2 Q. Why doesn't Google currently do that?
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` 3 A. Because we -- first, we have no reason
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` 4 to do that. And second, because there are some
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` 5 minor advantages to running servers close to where
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` 6 the user uploads give it to us.
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` 7 Q. Where are those advantages?
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` 8 A. We avoid the delays and the -- and the
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` 9 network traffic to transport the video data from
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`10 the United States to a data center in, for
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`11 example, Europe.
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`12 Q. And would implementing a system where
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`13 all the servers running the ContentID system were
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`14 outside the U.S also limit the redundancy
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`15 available for load balancing?
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`16 A. No.
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`17 Q. Why not?
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`18 A. Because we have multiple data centers
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`19 in Europe and Asia.
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`20 Q. And why aren't you using those
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`21 multiple data centers for running the ContentID
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`22 system now?
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`23 A. Because we have no reason to.
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`24 Q. What would be the cost to switch in
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`25 this manner?
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`Case 1:14-cv-02396-PGG-SN Document 249-6 Filed 04/07/21 Page 4 of 5
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`260
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`DAVID ERB, 30(b)(6) - VOLUME I
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` 1 Erb - Confidential - Outside Counsel Only
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` 2 A. To the best of my knowledge, there
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` 3 would be no cost associated with it except for the
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` 4 labor, maybe two days' worth of engineering time,
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` 5 for someone to actually configure the system in a
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` 6 different data center and to -- and bring up all
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` 7 the relevant servers, build the database or
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` 8 replicate it to the -- build the fingerprint store
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` 9 and the reference index in the appropriate new
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`10 data center.
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`11 Q. Did you do any analysis or
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`12 investigation to determine whether such an
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`13 alternative would or would not be infringing?
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`14 A. No.
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`15 MR. NEMEC: I just caution the witness
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`16 not to reveal any attorney-client
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`17 communications in an answer.
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`18 Q. So you're not -- you have no
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`19 information one way or the other on whether that
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`20 would in fact be non-infringing; your ability to
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`21 provide testimony about it is limited to the
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`22 feasibility of such an alternative system, is that
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`23 fair?
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`24 A. My knowledge and testimony is only
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`25 about the feasibility of -- of making such a
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`Case 1:14-cv-02396-PGG-SN Document 249-6 Filed 04/07/21 Page 5 of 5
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`261
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`DAVID ERB, 30(b)(6) - VOLUME I
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