marvel head of security's declaration in support of subpoena request

8/10/2019 Marvel head of security's declaration in support of subpoena request.

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1 LATHAM WATKINS LLP

2Daniel Scott Schecter (Bar No. 171472)

daniel schecter@lw comRobert J. Ellison IBar No. 274374)

robert ellison@ ,lw. com355 South Grand Avenue

4 Los Angeles, California 90071-1560

Telephone: + 1.213.485.12345 Facsimile: + 1.213.891.8763

6 Attorneys for Petitioner

7 MVL Film Finance, LLC

F I L E

NOV 0 2014~ t i R ~ ~ A OW. WIEI INQ

NORTHERN o i ~ r 2 l g t ~ n ~ e ~

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

lO IN RE: DMCA E C T I O ~ ~ h )SUBPOENA TO G O O G \ 5 ~ C l

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DECL R TION OF M TTHEW SL TOFF

I, Matthew Slatoff, declare as follows:

3 1 I am the Executive Director, Global Security & Content Protection at

4 Marvel Studios, LLC, which is an affiliate (with the same ultimate parent) as MVL

5 Film Finance, LLC ( Marvel ). As part of my duties, I am responsible for

6 monitoring and addressing infringement of copyright rights owned by Marvel and

7 its affiliated companies.

8 2 I am authorized to act on Marvel's behalf. I submit this declaration in

9 support of Marvel s request for issuance to Google, Inc. ( Google ) o f a subpoena,

10 pursuant to the Digital Millennium Copyright Act ( DMCA ), 17 U.S.C. 512(h)

11 (the DMCA Subpoena ), to identify an alleged infringer (or infringers) who

12 posted content known as Avengers: Age of Ultron , which infringes copyright

13 rights held by Marvel (the Infringing Content ) on systems operated by Google

14 without Marvel's authorization. I have personal knowledge o f the facts contained

15 herein and, i f called upon to do so, I could and would testify competently thereto.

16 3. On October 22, 2014, Patrick Miller, Paralegal at The Walt Disney

17 Company (the parent o f Marvel), submitted on behalf o f Marvel a notification, via

18 Google's online DMCA notification form (which can be accessed via the hyperlink19 https://support.google.com/legal/contact/lr dmca?product=docs ), identifying the

20 Infringing Content on Google' s systems and providing the information required by

21 17 U.S.C. 512(c)(3)(A). Attached hereto as Exhibit 1 is a copy ofthe

22 information submitted through Google's online form. Mr. Miller was authorized to

23 act on behalf o f Marvel in submitting this notification.

24 4 The purpose for which the DMCA u b p o ~ n ais sought is to obtain the

25 identity o f an alleged infringer (or infringers) and such information will only be

26 used for the purpose o f protecting Marvel's rights under title 17 U.S.C. 100, et

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LATHAMWATKI N 5 ' LA\3874135 3T T O R ~ E Y ST l W

l O S NGELES

DECLARATION IN SUPPORT OF MARVEL'S REQUESTFOR ISSUANCE OF 512(h) SUBPOENA

Case3:14-mc-80303-VC Document1-1 Filed11/04/14 Page2 of 6


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1 I declare un er penalty o f petjury under the laws o f the State o f California

2 and United States o f America that the foregoing is true and correct.

3 Executed on November 4, 2014 at Burbank, California.

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Matthew.S latoff

LATHAMWATKINS' LA\3874135.3 DECLARATION IN SUPPORT OF MARVEL'S REQUEST2 FOR ISSUANCE OF 512(h) SUBPOENATTORNEYS T L WLOS NGELES



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xhibit



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From:To:Cc:Subject:Date:Importance:

Coro SharePoint Premium on behalf of Internet EnforcementMiller. PatrickInternet Enforcementdrive.google.com Infringing Content [Notice ID: 38804] PM)Wednesday October 22, 2014 3:49:3 PHigh

Wednesday, October 22, 2014

Notice ID:38804Via Contact Form

drive.google.com

Re: Unauthorized Use of Copyrighted and/or Trademark Properties

To Whom t May Concern:

I believe the information in this notification to be accurate and state under penaltyof perjury that I am authorized to act on behalf of the owner of exclusive rights. Iam sending this notice on the basis of a good faith belief that the pages identifiedbelow include infringing material and/or links to infringing material that are notauthorized by the copyright owner, its agents, or the law. This access was presenton Wednesday, October 22 2014. Please act expeditiously to remove or disableaccess to the Infringing materials described below and confirm by return e-mailwhen these links have been disabled.

Owner of exclusive rights:MVLFilm Finance, LLC ( Marvel )

Copyrighted works Infringed upon:Audiovisual works, including without limitation, Avengers Age of Ultron

Location of infringing material:

Avengers Age o Ultronhttps://drive.google.com/file/d/OBy4e12DxdXQZ3EUaEOyVEITSIU/yjew?pli=1

Should you have any questions, please contact:

Lance R. GriffinPrincipal CounselThe Walt Disney Company500 S. Buena Vista Street

Burbank, CA 91521-0641Telephone: (818) 560-7893Facsimile: (818) 841-1329e-mail: [email protected]

This letter is not a complete statement of Marvel's rights in connection with thism t t e r ~and nothing contained herein constitutes an express or Implied waiver of



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any rights remedies or defenses o Marvel in connection with this matter all owhich are expressly reserved.

Very truly yours

Patrick Miller

Patrick MillerAntipiracy CoordinatorThe Walt Disney Company500 S Buena Vista StreetBurbank CA 91521-0641


marvel head of security's declaration in support of subpoena request

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