David Boies Quotes (49 Quotes)

It probably will not be until tonight that we have a complete view of what has happened and a complete understanding of what the nature of our contest will be.

There are ballots that the machine cannot read but from which voter intent can be discerned by manual review.

That's as good an illustration as you can get both of Microsoft's monopoly power and its ease of monopoly power to restrict competition.

Well, if you're winning browser share, that must mean that some other company is producing browsers and you're comparing your share of browsers with somebody else's share of browsers, ... Is that not so, sir

The firm's services have been substantial, necessary, and beneficial to the debtor, creditors, and other parties in interest.

The court heard Judge (Charles) Burton (of the Palm Beach County canvassing board), called by the defendants, testify that they had been able to identify the clear intent of the voters such to add a net 215 votes to Vice President Gore.

Napster's only alleged liability is for contributory or vicarious infringement. So when Napster's users engage in noncommercial sharing of music, is that activity copyright infringement? No.

From our perspective, to say that you are going to wait until after the trial to have the examination of the ballots, is backwards, because here the witnesses are primarily the ballots.

This is the first case that I am aware of where, in a ballot contest, the court has refused to look at any ballot,

Is the term 'concerned' a term you are familiar with in the English language

What company is most likely to be a potential entrant for operating-system competition

Both Mr. Shandling and I are very pleased with the settlement. We're very pleased we could achieve it without the necessity of a trial.

Microsoft had an opportunity to ask any questions it wanted to about the nature of those sensitive business discussions. Unless Microsoft wants to claim that, like some indigent criminal defendants, they are unable to procure competent counsel on their own, it's really up to them to ask those questions.

The law provides that companies cannot get together and pool their copyright and use them for anticompetitive purposes, ... Only about 2 percent of musical artists are signed to record label contracts. Napster enables the other 98 percent to reach audience and compete with record labels.

Microsoft's interest is in dominating technology that would prevent an alternative operating system platform, even if it means giving away software for free. Microsoft is not interested in revenues, they're interested in blocking competition.

But they don't come out of nowhere to compete with Windows. Not in 12 years.

When you think of Napster, you think of music. But the first thing that struck me was that this was an important case not only for the music industry but for the whole Internet.

The statute says you need only have a sufficient number of votes to change or place in the doubt the results of an election. (Sauls) has not even looked at any of the ballots.

no direct or indirect ownership interest in Amici.

They placed on the plaintiffs the burden of first coming forward and identifying a work that they had a copyright in, and second demonstrating that it was listed on the Napster index that is available through Napster. Because the court of appeals -- we think -- properly put that burden on the plaintiffs, we have begun by dealing with those files where the plaintiffs have met that burden.

This summer, we're going to totally divorce Sun.

AOL and its affiliates will exclusively market, promote and distribute Internet Explorer on or for use by its subscribers to AOL's flagship service.

What the sense seems to be is that somehow Gov. Bush's campaign should be protected from Gov. Bush's lawyers, if they didn't ask for a recount, and therefore there should be recount anyway, even if they didn't ask for it.

It's an opportunity to relax and talk with the people you do business with. That's always productive.

Fortunately, given the opinion that we got today, that vote count is now going forward in Dade County and Palm Beach County, and other counties. So, we are very hopeful that now this is back on track, the lawyers can go home, the voters can have their votes counted and it can be solved in the political process -- where it ought to be solved -- and not in the courts.

I think, your honor, you could say -- and this is not that different from what we have argued -- that as long as the manual recounts will not impair the final certification in time to permit the selection of electors by December 12, that those manual recounts must be included.

You understand what is meant by non-Microsoft browsers, do you not, sir

The first thing, your honor, is that any candidate could have requested a manual recount in any county, so that the manual recount provision is something that by statute is given to the candidates. And wherever there has been a manual recount requested, the counties have gone forward, and indeed some of the results that have already been certified have been results that included manual recounts.

There are a variety of ways people can market browsers. The question is Are they effective ways to market browsers

I don't think anybody can tell you exactly how much the prices would decline, but it's clear it would decline substantially.

You don't ... Is that what you're telling me You don't understand what that means

What Microsoft set out to do through these contracts, and largely succeeded for the time they were in effect, was to deprive consumers of the right to choose between Microsoft and Navigator.

They're talking about meetings that took place at other times -- we're not saying that they engaged in market divisions every time they talked,

The minutes were not changed, ... In addition, the facts of that situation appear to be that what was being sought was not a change in the minutes, but a reconsideration of action that was being taken. None of the minutes have been altered and we see no evidence that that has taken place.

It's clear that what is going on is AIG is trying to shut down the Starr agencies as competitors, and that AIG is willing to take positions in court that are inconsistent with written contracts, and internally inconsistent.

What is it about the word 'concerned' that you don't understand

Not only do they give it away, they bribe people to take it... and they tie the product to their monopoly operating system.

Here you have a new technology, and if that technology is going to work, you must allow people to provide central indexes of the data. It's just like a newspaper that publishes classified ads.

The facts are pretty clear of what Cablevision did. If the antitrust laws do apply, their conduct was wrongful.

The Audio Home Recording Act directly says that noncommercial copying by consumers is lawful.

In the roughly six hours that the counting of the votes took place, a very large amount of progress was made. If the count had continued yesterday afternoon and this morning, that count would be largely completed, with possibly the exception of one or two counties that were outside of the Tallahassee area,

There was a disadvantage to us in not being able to deal with Mr. Colburn at the time he was on the stand ... I think that disadvantage has been more than taken care of today because we had Mr. Case able to testify to that.

Whether you think their witnesses are credible or non-credible ... they've admitted monopoly power, they've admitted the absence of competitive constraints, they've admitted raising prices to hurt consumers, they've admitted depriving consumers of choice and they've admitted that the reason that they did that was because they were afraid that consumers would in their view make the wrong choice, which is the non-Microsoft choice,

What is being done here on the basis of what we think is a very over-broad prior restraint is to forbid, in a way that no appellate court has ever upheld before, a distribution of intellectual information, intellectual knowledge, owned by the person who is distributing it.

If AOL plans to continue to use the Microsoft browser after the acquisition because that's the only way they can get access to the Windows desktop, that's a pretty strong indication of the barriers to competition that Microsoft has created.

You were concerned that if you presented users with a choice, side by side, they would pick the Netscape browser rather than yours

The very purpose of the Bill of Rights and the Constitution is to protect minority rights against majority voters. Every court decision that strikes down discriminatory legislation, including past Supreme Court decisions, affirming the fundamental rights to marry the person you love, overrules a majority decision.

I hope the secretary of state does the right thing. This is too late in the game for lawyers, too late in the game for partisan politics. The voters have spoken, and the votes ought to be counted.

Their concerted refusal to market this gas results in higher gas prices that hurt consumers and businesses throughout Alaska and the rest of the U.S. This cannot be allowed to continue.