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LAVELY & SINGER October 1, 2014 MAIL and FACSIMILE: (650) 253-0001 £ (650) 9 50) 618-1499 Lary Page + CEO and Co-Vounder Erie B, Schmidt ~ Fxecutive Chairman Seryey Brin - Co-Founder David C. Drummond, Esq, - Sr. V.P., Corporate Development and Chief Li Kemt Walker, Esq, ~ Sr, VP, & General Counsel, Google Harris Coben, Esq. Associate Product Counsel, YouTube GOOGLE INC. 1600 Amphitheate Parkway Mountain View, CA 94043 Re: Google's Repeat Copyright & Privuey Violations in ‘with Hacked Photo Seandal Our File No; 5608-2 s. Page, Schmidt, Brin, Drummond, Walker snd Cohen: we 1: Titgusion vounsel for overs doven female celebrities, acwesses, models and athletes ‘whose confidential, personal, private photos ad videos (the “Lmages") vere recently hacked frum their respective iCloud accounts and illegally posted on various websites and blogs, including ‘YouTube, Blogspot and otter Google based sites, servers and sy sems, We are waiting eoneemning Google's despicable, reprehensible conduct in nol only Failing lo uel expeditiously andl responsibly toremove the Images, but in knowingly accommodating, facilitaing and perpetuating the unlavtil nuet. Google is rung millions and profiting from the victimization of women, As esult of your baiantly unethical behavior, Google is exposed fo significant liability and both compensatory ‘and punitive damages that could well exceed One Hundred Million Dollars ($100,000.04). ‘Ever since the hacked Images first began w be posted on websites und blogs during Labor Day Weekend, we have been sending natices tn various website operators and host providers, including. Gongle, deman Trmages he remove in accord with the requitemens cf the Digital Milleaniurn Copyright Act (“DMCA”), which mandate that the Inert service provider (ISP| andor host act “expeditiously” to remove the mln Images. Lhe vast majority af those sites and ISPhoss, all of which are much smaller than Google, with far fewer staff and resources, complied with iher obligations under the DMCA andi romovod the Images withia an hous or two of receiving our DMCA nutice, Yel Google, one ofthe largest ISPs in the world, with vast resources GOOGLE INC Re: Jo's Ropes Hacked Photo Seandal tober 1, 2014 Page? and a luge support staf, generating multimitlions of dollars in revenues on a daily basis, has reelessly allowed these Blatt violations to continue in conscious disregard of eur elients rights Tr fact, although it has boen approximately four 4) wecks since we sent our first DMCA notice to Guigle, and well aver «dozen additional notices and warnings have been sent o you since then, smuny'of the Images are still available on Google's sites, including BlogSpot and YouTube, and Google cantinves Io allow multiple offending sites and blogs to post the Images on its channels ‘This is unconscionable, especially for a company that boasts that its conde should be “mensured «against te highost possible siandards of ethical business conduct. Google knows that the Images arc hacked stolen propery, private and confidential pho and videos tnlawfully obtained and posted by porvert predators who are violating te victims privac ind basie human deveney by stealing and displaying contideatal private photos and ‘lens (emost of which dopiet the women in private setings, while nude or semi-nude, engaving in privat intimate conduct) without the permission of tae owners othe images. Yet Google has taken ite or no selon ln slop these outrageous violstions or to Timit ths Tmages trom appearing in Google search results, Tn fact, Google's YouTube counsel and complianes department refuse co remove stolen images through yourexpeited content verification process wich would fil lakethe jnsuant removal of the Images uploaded te YouTube. Google has chosen to protet is revenue sreum partners in order to earn raulti millions of dollars os. a weekly basis aver the rights and protection olindividuals, Iti shocking that Google is fcitating the dissemination of the Images. While responsible providers like Twitter mre immediately removing the Images and suspending the offending user accounss, Google is porpctuating the despicable conduct Of th habitual perver predators including blogspotaccounts that have aetod as some of the main display depository download locations, lst and links toe the hacked stalen Images ~ by allowing therm to continue to operate and post the Imayes with impunity. Google is kaowingly allowing vast andl pervasive copysiaht indbingement and vilafion of privacy righis against these wamen who ate being repeatedly violated, exploited and vietimized, Google prides itself on its “Code of Conduct” whieh, according to Google's ovm website is “built around the recognition that everything we do in eonnection with our work ai Google wll he, and should be, measured against the highest pessible standards of ethical businest sonduet” (oogle futher claims thal ils “Don't be evi” moto includes not just providing is wsers lunbiased secess to informstion, out is “also ahout doing the right thing more generally - {allowing the law, acting honorably and treating cach other with respect “Yer the eonduet Coagle has exhibited inthe pest four weeks in connestion withthe celebrity photo hacking scandal has been at the polae oppesite end of the eihies specitum. Cngle has ‘exhibited the lowest slarsards af ethical business conduct, and has seted dishonorably by sllowing and perpetuating unlawful setiviy lt exemplifies an uter lark of respect for women and privacy. Google's “Dou't be evil” moto isa sham, GOOGLE INC. Re: Google's Repeat Copyright & Privaey Violations in Connection with Hacked Photo Scandal ctober 1 Paye 3 tis rly reprehensible chat Google allows its various sites, systems und seureh resus o be used lor his ype of ualawlul activity. Il your wives, daughters o elacives were the vitims of such bletant violations of basic human rights, surely you would take appropriare action, But because the victims lh valuable publicly rights, youdo nothing -- nothing but collect millions ‘of dollan in advertising reveune ftom your co-conspirator advertising pariners as you seek 10 cepitalize on this scandal rather than quash it. Like the NFL, which turnod a blind eye while its players wssaulied und victimized women and childeen, Google has tuenod a blind eye wail its sites catcdly exploit and vietimize these women The law des not insulate Google fiom liability under those cireurstimees. As you should bbe woll aware, pursuant tothe DMICA, an [SPuhost has only a condiviona sale harbor for ining content pasted by ivusers. To quality Torte § 512(c) safe havbor, tho ISP/host mest not have aclua! knowledge that it fs hosting intinging material. Pursuant to our dozens of notices to you. Google has had actual knowledge of ongoing mass iniringerment(ineluding irom repeat antingerson specific Gowele based sites), and Google was legally obligated to expeditiously remove or disable access 10 the allegedly infringing material, Your repoaiod failure t expeditiously eomply with our valid DMCA Copyright eemoval demands, as well as otrigh refusals in yurious instances, exposes you to significant Fabilicy commensurate with tho liability of your useréouslomer, and vou will be held jointly Table forte Continued snd blatant eopyzighn infringement, andor held liable foreonributory inthingemet We herehy demand that you do each ofthe following: G@ immediately remoye any and all Images and suspendterminate all offeading Google hosted sites, blogspot accounts and YouTube Channel accounts hosting and/or responsible for the upload, Jisplay und linking of the Images; Gi) immediately suspenditerminateall Google hosted sites that invite submission of the stolen content, andlor perpetrate and fu sharing, dissemination and linking tothe hacked stolen Lmagest snd user accounts ste the posting, i) immediately remove ull Google search engine and Goggle image scarch results for and whieh display ths hueked stolen Images. PRESERVATION OF DATA FOR LITIGATION: In addition, as this matter involves an ‘ongoing investigation and legal actions, we request that, pursuant to your obligations under Federal and stale lnws, und other applicable avs of your locale, you poser all vse account recon and ‘daa for the responsible customer aecouaxs or persons responsible (asset forth in each a he dons of prior submitied leyal and DMCA notices} for the uploeds ofthe Images (including [P addresses, log-in revords, email dresses, payment reeauds and sources andor other user dat, and any olbet information which may evidence ve ideatiy of the account holder) pening subpectas to be ise6 in the upeoming/nending litigation and by the applicable authorities, GOOGLE INC. Re: Google's Repent Copvright & Privacy Scandal fons in Connection with, Octo Page 4 Is ime that Google ons up to its vorduet and remedies this gross violation of law, eties, :morals and base privacy rights, Rather than be ths transgressor, Google shaull se the example For all other operarors and provides, In Google's own words, "Don’t bs ov. {ihe scriousnss of this matter eamnat he oversiated. 1’ Goagle continues to thumb is nose ‘army clients" rights and continues to both allow and fasiltae the Luther vietimization of these ‘women - and disregards the demands of this or, it docs so its avm per This is nota vomplete ecitation of the facts or law segarding this matter. Nothing contained sng intended as, nor should itbe deemed o constitute, waive of rlinguishmeac of eny'clicnts” igh or remodies, whoiher legal or equitable all of which are hereby expressly reserved. yf) Sineergly. —/ VA Nb SRY | v Hols Tq