David Boies
David Boies
David Boiesis an American lawyer and chairman of the law firm Boies, Schiller & Flexner. He has been involved in various high-profile cases in the United States...
NationalityAmerican
ProfessionLawyer
Date of Birth11 March 1941
CountryUnited States of America
thinking important napster
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.
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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.
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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.
artists audience cannot companies compete copyright enables label law musical napster percent pool provides reach record signed together
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.
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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.
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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.
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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.
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The Supreme Court of the United States has not, at least for 100 years and maybe going back further, ever stepped in to change the results of a national election by substituting its judgment as to how votes ought to be counted for the judgment of local election officials,
minutes
Didn't you tell me two minutes ago they could?
ibm lower rhetoric
Did you want IBM to lower their rhetoric on Java?
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Did you or others on behalf of Microsoft tell Intel that Microsoft would hold up support for Intel's microprocessor if Intel did not cooperate with Microsoft?
telling understand
You don't? ... Is that what you're telling me? You don't understand what that means?
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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.
browser company comparing mean producing share somebody winning
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?