COVINGTON Jonathan M. Sperling BEIJING BRUSSELS DUBAI FRANKFURT JOHANNESBURG Covington & Burling LLP LONDON LOS ANGELES NEW YORK PALO ALTO The New York Times Building SAN FRANCISCO SEOUL SHANGHAI WASHINGTON 620 Eighth Avenue New York, NY 10018-1405 T +1212 8411153 [email protected]

Via ECF & Email June 27, 2025 The Honorable Katherine Polk Failla ([email protected]) United States District Court MEMO ENDORSED Southern District of New York 40 Foley Square, Room 2103 Re: Marcel Albert, Professionally Known as Mare Mysterio v. DistroKid LLC and Amazon.com Services LLC, Case No. 1:25-CV-01705-KPF Dear Judge Failla: We represent defendant Amazon.com Services LLC (“Amazon”) in the above referenced matter. We write pursuant to Rule 9(B) of the Court’s Individual Rules of Practice in Civil Cases to respectfully request leave to file Exhibits 1, 2, and 3 to the Declaration of Jonathan M. Sperling, in support of Amazon’s Motion to Dismiss Plaintiffs Amended Complaint, under seal and to publicly file copies of those documents with redactions. Good cause exists to file portions of Exhibits 1, 2, and 3 under seal because they contain commercially sensitive and confidential business information that would result in competitive harm if disclosed. See Lugosch v. Pyramid Co. of Onondaga,

(2d Cir. 2006) (holding that documents may be kept under seal if “countervailing factors” so demand); Rowe v. Google LLC,

, at *2 (S.D.N.Y. Sept. 26, 2022) (“Preventing competitive harm is a countervailing interest that can override the public right of access.”). Disclosure of confidential financial terms and pricing information redacted from Exhibits 1, 2, and 3 would harm Amazon’s business interests. Public disclosure of this information, which includes pricing information and other unique payment terms, such as the methodology by which financial terms are calculated, would impair Amazon’s ability to negotiate with third parties and would put them at a competitive disadvantage if made accessible to Amazon’s competitors. See, e.g., In re Google Digital Advert. Antitrust Litig.,

, at *2 (S.D.N.Y. Oct. 15, 2021) (holding that the “need to protect sensitive commercial information from disclosure to competitors seeking an advantage may constitute” a protectable interest justifying redaction under Lugosch); Kewazinga Corp. v. Microsoft Corp.,

, at *6 (S.D.N.Y. Mar. 31, 2021) (“Examples of commonly sealed documents include those containing ... pricing information.”); Tyson Foods, Inc. v. Keystone Foods Holdings, Ltd.,

, at *2 (S.D.N.Y. Sept. 30, 2020) (granting motion to seal documents containing pricing and revenue information and other sensitive business information because “[nJon-public data of this nature ‘is sensitive and potentially damaging if shared with competitors.” (quoting New York v. Actavis, PLC, WL 5353774, at *3 (S.D.N.Y. Oct. 21, 2014))).

COVINGTON The Honorable Katherine Polk Failla June 27, 2025 Page 2

Amazon’s proposed redactions are narrowly tailored to preserve only the financial and commercial sensitive information that would most harm it if made public. See, e.g., CT Espresso LLC v. Lavazza Premium Coffees Corp.,

, at *2 (S.D.N.Y. Feb. 14, 2022) (“Specific, narrowly tailored portions of contracts regarding proprietary commercial information may qualify for sealing under the case law if disclosure would harm a litigant’s ability to negotiate with third parties, subject a party to financial harm, or harm a litigant’s competitive standing.” (cleaned up)). Accordingly, Amazon respectfully requests that the Court grant this motion to file Exhibits 1, 2, and 3 under seal and in redacted form on the public docket. Respectfully submitted, /s/ Jonathan M. Sperling Jonathan M. Sperling cc: All Counsel (via ECF)

Application GRANTED. The Clerk of Court is directed to maintain docket entry 41 under seal, viewable to the Court and the parties only. The Clerk of Court is further directed to terminate the pending motion at docket entry 35. Dated: June 30, 2025 SO ORDERED. New York, New York ia Kitherns ball Fruthd- HON. KATHERINE POLK FAILLA UNITED STATES DISTRICT JUDGE