Case 1:14-cv-02396-PGG-SN Document 41 Filed 10/17/14 Page 1 of 3
`Case 1:14-cv-02396-PGG-SN Document 41 Filed 10/17/14 Page 1 of 3
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`Case No. 1:14-cv-02396-PGG
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`Seeneeree
`NETWORK-1 TECHNOLOGIES, INC.,
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`5 §
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`4 5
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`$ 8
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`$ 8 §
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`Plaintiff,
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`V.
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`GOOGLE, INC. and YOUTUBE, LLC
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`§
`Defendants.
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`DECLARATION OF DAVID ROSENSTEIN
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`I, David Rosenstein, declare under penalty of perjury that the foregoing is true and
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`correct:
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`l.
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`lam presently the Group Product Manager for Content ID at YouTube, LLC
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`which is a wholly owned subsidiary of Google, Inc. (collectively, "Google".
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`In this capacity, I
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`have become familiar with both the technical underpinnings and business concerns of Content ID.
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`|
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`submit
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`this declaration in support of Defendants’ request to restrict access to certain confidential
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`documents.
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`Zh
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`Users upload over 100 hours of video to YouTube every minute.
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`("Statistics
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`— YouTube," attached as Exhibit A.) YouTube uses a sophisticated computer system called Content
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`ID to determine whether uploaded videos contam third party copyrighted material.
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`("How Content
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`ID Works — YouTube Help," attached as Exhibit B.) If Content ID detects that a user has uploaded
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`a copyrighted work, it gives the copyright hokler a number of options, including to block the work
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`from YouTube or post advertising in connection with the uploaded video.
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`(Id.) Thus, Content ID
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`alerts copyright holders to potential
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`infringement and allows them to decide how to react.
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`(Id.)
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`Case 1:14-cv-02396-PGG-SN Document 41 Filed 10/17/14 Page 2 of 3
`Case 1:14-cv-02396-PGG-SN Document 41 Filed 10/17/14 Page 2 of 3
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`By
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`The technical details underlying Content ID are closely guarded trade secrets
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`that have never been publicly disclosed, While the concepts of content recognition systems are
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`widely known, the details of Google's implementation of Content ID remain secret. These trade
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`secret technical details are embodied in numerous internal documents that Network-1 has requested
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`in discovery in this suit, including but not limited to source code,
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`(Plaintiff Network-1
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`Technologies, Inc.'s First Set of Requests for Production of Documents and Things from
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`Defendants," Request Nos. 4-5, 11, 13, 15-21, attached as Exhibit C.)
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`4,
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`Even within Google, only a limited subset of employees with a need to know
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`are permitted access to the trade secret technical details underlying Content ID, Specific protections
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`include password protected computer and storage systems, and policies forbildmg Google
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`employees from sharing sensitive documents with unauthorized personnel.
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`3.
`It is common for YouTube users to attempt to circumvent Content ID by
`altermg a video to prevent Content ID from recognizing it.
`(Compilation of Web Pages Regarding
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`Content ID Circumvention, attached as Exhibit D.) Presently, Content ID is generally resistant to
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`such attempts.
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`(Ud.) However, a user with knowledge of the details underlying the operation of
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`Content ID would,
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`in effect, have a guide to alter videos to circumvent Content ID. Thus,
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`the
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`dissemination of the technical details underlying Content ID would harm content owners by
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`jeopardizing ther copyright protection. Remedying this harm could potentially require a wholesale
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`redesign of Content ID.
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`6.
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`Network-1 has also requested the production of certain confidential Google
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`business information in this action,
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`including financial data, marketing strategies,
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`legal policies, and
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`contracts with third parties, including copyright owners.
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`(Ex. C at Request Nos. 14, 26-31, 33-41.)
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`Disclosure of such material
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`to the public, Google's competitors, or others with a commercial
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`interest
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`Case 1:14-cv-02396-PGG-SN Document 41 Filed 10/17/14 Page 3 of 3
`Case 1:14-cv-02396-PGG-SN Document 41 Filed 10/17/14 Page 3 of 3
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`in the content recognition technology could put Google at a competitive disadvantage and/or
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`provide an unfair competitive advantage to such third parties,
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`DATED; October 17, 2014
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`Dh KE
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`4
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`David Rosenstein
`Group Product Manager for Content ID
`YouTube, LLC
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