Discovery Attachment in @Google vs AG Jim Hood

8/9/2019 Discovery Attachment in @Google vs AG Jim Hood

http://slidepdf.com/reader/full/discovery-attachment-in-google-vs-ag-jim-hood 1/94

Case 3:14-cv-00981-HTW-LRA Document 100-1 Filed 04/22/15 of 94




Exhibit



1

IN UNITED STATES DISTRICT COURT

THE SOUTHERN DISTRICT OF MISSISSIPPI

NORTHERN DIVISION

GOOGLE, INC. PLAINTIFF

v. CIVIL ACTION NO. 3:14cv981-HTW-LRA

JIM HOOD, ATTORNEY GENERAL

OF THE STATE OF MISSISSIPPI,

IN HIS OFFICIAL CAPACITY DEFENDANT

FIRST SUPPLEMENTAL PRIVILEGE LOG FOR APRIL 15, 2015 DOCUMENT

PRODUCTION

Name Description Date(s) Author(s) Recipient(s) Privilege(s)

PL000001-

PL0000671

Draft Subpoena

(Request No. 1)

On or

about Oct.17, 2014

2

See footnote From Mike Moore

Law Firm to BlakeBee, Special

Assistant Attorney

General with the

Office of theMississippi

Attorney General

Attorney-Client

Work Product

PL000075-PL000119

Draft Subpoena(Request No. 1)

On orabout

Sept. 11,2014

4

See footnote From Mike MooreLaw Firm to

Bridgette Williams,Special Assistant

Attorney General

with the Office ofthe Mississippi

Attorney General

Attorney-Client

Work Product

PL000068-

PL000074

Draft CID

(Request No. 1)

On or

about

See footnote From Orrick (Brian

Moran) to Blake

Work Product

1 “PL” denotes Privilege Log bates number series and “D” denotes Defendant Jim Hood’s bates

number series for documents produced to Plaintiff.2 This date indicates the approximate date of receipt.3 On information and belief, this document was prepared by or at the direction of Tom Perrelli

and/or Brian Moran.4 This date indicates the approximate date of receipt.

5 On information and belief, this document was prepared by or at the direction of Tom Perrelli

and/or Brian Moran.


Exhibit 2



2

Nov. 26,

20136

Bee, Special

Assistant AttorneyGeneral with the

Office of the

Mississippi

Attorney GeneralPL000120-PL000166

Draft CID(Request No. 1)

On orabout

April 22,

20148

See footnote From Orrick (BrianMoran) to Mary Jo

Woods, Special

Assistant AttorneyGeneral with the

Office of the

Mississippi

Attorney General

Work Product

PL000167-

PL000176

Draft Subpoena

(Request No. 1)

On or

about

April 3,201210

See

footnote11

From Mike Moore

Law Firm to

Bridgette Williams,Special Assistant

Attorney Generalwith the Office of

the Mississippi

Attorney General

Attorney-Client

Work Product

D000001 Email (Forward

email fromAttorney

General Hood,

which has been

redacted)(Request No. 2)

Nov. 27,

2013

Attorney

GeneralHood

From Attorney

General Hood tothe Mike Moore

Law Firm and

Special Assistant

Attorneys Generalwith the Office of

the Mississippi

Attorney General

Attorney-Client

D000004-

D000065

Redacted

Portion ofLetters from

AttorneyGeneral Hood

August

28, 2014

Attorney

GeneralHood

Attorneys General

in Other States

Work Product

Common

InterestDoctrine

7 On information and belief, this document was prepared by or at the direction of Tom Perrelli

and/or Brian Moran.6 This date indicates the approximate date of receipt.8 This date indicates the approximate date of receipt.9 On information and belief, this document was prepared by or at the direction of Tom Perrelli

and/or Brian Moran.10 This date indicates the approximate date of receipt.11 On information and belief, this document was prepared by or at the direction of Jeff Modisett

and/or Anthony Eliseuson (SNR Denton US LLP).




4

Assistant Attorney

General with theOffice of the

Mississippi

Attorney General

D-000066-67 RedactedPortion ofRetention Letter

June 29,2012 Geoffrey C.Morgan,Chief of

Staff

Mike Moore Work Product

Illegal Behavior”; “Google Must Reform Its Behavior”; “The Communications Decency Act Does NotImmunize Google From Liability For Facilitating Illegal Conduct.”

19 This date indicates the approximate date of receipt.20

This email with attached memorandum was sent from Thomas Perrelli. On information and belief, the documents were prepared by or at the direction of Tom Perrelli, Rob McKenna, and/or Brian

Moran.




D-000066


Exhibit 3



D-000067





Exhibit 4



wood v. Goliath: Inside the aggressive studio effort to bring Google to heel | Ars Technica

arstechnica.com/tech-policy/2014/12/how-hollywood-spurned-by-congress-pressures-states-to-attack-google/[4/22/2015 5:42:35 PM]

Hollywood v. Goliath: Inside the aggressive

studio effort to bring Google to heelLeaked Sony e-mails show states' top lawyers and studios are closer than ever.

LATEST FEATURE STORY

WATCH ARS VIDEO

LAW & DISORDER / CIVILIZATION &DISCONTENTS

Tensions between Google and Mississippi Attorney General Jim Hood exploded into public view this

week, as Google filed court papers seeking to halt a broad subpoena Hood sent to the company.

The Hood subpoena, delivered in late October, didn't come out of nowhere. Hood's investigation got

revved up after at least a year of intense lobbying by the Motion Picture Association of America

(MPAA). E-mails that hackers acquired from Sony Pictures executives and then dumped publicly now

show the inner workings of how that lobbying advanced—and just how extensive it was. Attorneys at

Sony were on a short list of top Hollywood lawyers frequently updated about the MPAA's "Attorney

General Project," along with those at Disney, Warner Brothers, 21st Century Fox, NBC Universal, andParamount.

The e-mails show a staggering level of access to, and influence over, elected officials. The MPAA's

single-minded obsession: altering search results and other products (such as "autocompleted" search

queries) from Google, a company the movie studios began referring to as "Goliath" in around

February 2014. The studios' goal was to quickly get pirated content off the Web; unhappy about the

state of Google's voluntary compliance with their demands and frustrated in their efforts at passing

new federal law such as SOPA and PIPA, the MPAA has turned instead to state law enforcement.

The most controversial elements of SOPA/PIPA would have let content owners effectively shut

down websites they said were infringing their copyrights or trademarks. This already happens—think

of various peer-to-peer sites that no longer exist—but it usually involves drawn-out litigation. SOPA

Aurich Lawson/Ars Technica

Register Lo

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by Joe Mullin - Dec 19, 2014 7:17pm EST 150

FEATURE STORY (2 PAGES)

How the DMCA made

YouTube

Happy birthday YouTube! The Digital

Millennium Copyright Act sends its love.


Exhibit 5

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promised a faster-moving process that would have essentially made rights holders a website's judge,

ury, and executioner.

To get the same results in a post-SOPA world, MPAA has hired some of the nation's most well-

connected lawyers. The project is spearheaded by Thomas Perrelli, a Jenner & Block partner and

former Obama Administration lawyer. Perrelli has given attorneys general (AGs) across the country

their talking points, suggesting realistic "asks" prior to key meetings with Google. Frustrated with a

ack of results, Perrelli and top MPAA lawyers then authorized an "expanded Goliath strategy" in

which they would push the AGs to move beyond mere letter writing. Instead, they would seek full-

bore investigations against Google.

f the AGs felt short on resources—well, Hollywood studios could help with that. Money from Sonyand other Big Six studios was available to draft the actual subpoenas, to research legal theories to

prosecute Google, to spread negative press about the search giant, and to reach out to other state

AGs that might join with Hood.

This is how the project unfolded over the past year.

Late 2013: Ramping up

One chain of e-mails among the MPAA and studio lawyers bears the subject line "STATE

ATTORNEY GENERAL PROJECT" and focuses on how Google could be pressured into altering its

search results, demoting or removing so-called "rogue sites" that host high levels of copyrighted

context.

Most notes on the project came from Vans Stevenson, the MPAA's VP of state legislativeaffairs; higher-level updates were written by MPAA general counsel Steven Fabrizio or took the form

of memos written by Perrelli. Most information about the AG project was shared with a group of more

than 30 lawyers, including several from the MPAA and RIAA, as well as each of the six big studios,

but some were kept to just general counsels and their immediate confidantes.

"[Attorney] General Hood told me by e-mail today that his conversation 'with Google’s General

Counsel did not go well,' and therefore he followed up with the letter that was sent yesterday," Vans

Stevenson informed the group in November 2013. "Hood also said he was organizing a meeting

during the NAAG [National Association of Attorneys General] meeting next week in New Orleans with

his outside counsel Mike Moore, former MS Attorney General. Also attending that meeting will be

MPAA/RIAA outside counsel Tom Perrelli and others, 'so we can discuss the next move,' Hood

wrote.... I will keep you advised of further developments."

The e-mail includes a letter from Hood to Google general counsel Kent Walker. It was published

earlier this week by The New York Times, which reported that most of the letter was actually written

by Perrelli's law firm.

Several weeks later, a meeting took place between Google executives and Connecticut Attorney

General George Jepsen. The same morning the meeting took place, MPAA's Perrelli was informed

about it by two attorneys at the AG's office, who offered to send Google's presentation to Perrelli.

Jepsen reached out to the MPAA, seeking demands that he could press against Google. Perelli

wrote:

I talked this morning with the CT AG’s office [names redacted] about their meeting with Google.

They indicated that it was purely a listening meeting, where Google went through the

“standard” presentation of all the things that it does to protect privacy and stop unlawful

conduct. They are going to send me the presentation that Google did and asked that we come

up and give them a “rebuttal” at some point in the next few weeks (likely the first half of

February)...

They told me that AG Jepsen is interested in this area and wants to see if there is something

reasonable and practical that he can do to be helpful. They understand the concerns that we

have and largely agree with them, but want to be cautious here (consistent with the

temperament of their boss). He is not afraid to tangle with Google, as he has on antitrust, but

his approach is to look for a small number of reasonable things to demand of them and then to

press them hard on it. They asked that we not “shoot the moon” on our asks.

I went through our issues and concerns and emphasized that the asks that we have are really

things that Google has demonstrated it can do when it feels like it. I am going to send them the

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Perelli attached four Microsoft Word files to his update, entitled "Google can take action," "Google

must change its behavior," "Google illegal conduct" and "CDA."

January 2014: Creating Google “asks”

On January 21, 2014, Google's Kent Walker met with 13 state attorneys general who wanted to know

more about what Google could do to demote or delete pirated content from its search results. For the

MPAA, it was a pivotal moment.

Before the meeting, Mississippi's Hood had already made clear he was going to push his counterparts

n other states to take stronger action over movie piracy. He called Stevenson at the MPAA, asking

for "fresh examples for his planned live 'search' demonstration of illegal site activity, including the

availability of motion pictures only in theatrical release," according to an update Stevenson sent the

group.

By the time the AGs meet with Google, they and their staffs had been heavily prepped by Perrelli. In

the early morning of January 21, Perelli shared some of the impressions from those prep meetings:

Later that day, Stevenson sent a report on the meeting. For more than two hours, led by Mississippi

AG Hood, the AGs had confronted Google's Walker about the desired issue: "websites devoted to

llegal IP activity." They challenged Walker to "delist and block those websites," wrote Stevenson.

Google countered that it did not in fact know that every site on the MPAA hitist was in "devoted to

llegal IP activity" but that it took action when this was clear. This did not go over well with either the

MPAA, which continued to lobby the AGs to take action. As Stevenson put it after the meeting:

t would take time, but this continued attention to Hood in particular did pay off.

4 white papers, per their request.

1) The AGs are going to start the meeting by saying that they are frustrated that Google has

not acted; they have had much better success engaging with Facebook and eBay, but feel

Google is non-responsive. They want real change at Google that will stick – not just change

that lasts for a short time after immense pressure is put on them.

2) The AGs are struggling with their asks. They understand that Google is likely to offer a few

morsels, they know it won’t be sufficient, but they are unsure how to demand more. Some want

to move to CIDs [civil investigative demands, like a subpoena], but I think the majority want to

set a short date for some substantial change on a number of fronts (Search, YouTube,

Autocomplete). I went over their likely asks again, but encouraged them not to commit to

anything with Google in the meeting.

3) I walked away from these meetings thinking that we need to develop a different presentation

for the AGs – how Google works. There was a real lack of understanding about Google, its

services, its interactions with websites, etc. They don’t need more about the bad stuff you can

get on the Internet; they need to understand better how Google makes money...

4) I spent more time with Hood after the meeting and, I hope, got him focused on the keyissues and the asks. He really does care a great deal about piracy – and he doesn’t get

sidetracked by some of the things that Microsoft prefers. He wants Google to delist pirate sites

and he is going to ask them to do that tomorrow...

6) [Former Washington State AG] Rob McKenna was very helpful– and I talked to some of his

clients at Microsoft and my take is that they are not particularly concerned about our advocacy

on search. They see the bigger picture.

Our counsel Tom Perrelli and I spoke this evening. We will organize an outreach to all AGs

and deputies that attended the meeting in person, as well as participated by phone, to get a

more complete picture of the meeting and their feedback. Perrelli will also follow-up with AG

Hood regarding the planned letter to Google and offer assistance.






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Joe Mullin / Joe Mullin has covered the intersection of law and technology — including the world's biggest copyright

and patent battles — for a number of years, mostly at The American Lawyer.

@joemullin on Twitter

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