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.
More Quotes from David Boies:
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.David Boies
no direct or indirect ownership interest in Amici.
David Boies
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,
David Boies
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.
David Boies
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.
David Boies
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.
David Boies
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