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SCO v. Novell, Day 9, Thursday, March 18, 2010 - as text - Updated

Oct 12, 2010, 17:32 (0 Talkback[s])
(Other stories by Pamela Jones)


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"Dr. Botosan's Cross Examination:

"On the very first question, she starts to speechify, on the subject of why her fee is what it is ($450, which she thinks is a big number, so she wants to explain it to the jury), and the court tells her to be "as concise as possible" in answering the question asked. If her lawyer wants to bring out additional points, he can later. She's been paid roughly just under $100,000 by SCO so far, for her but-for world calculations.

"No wonder she wanted to explain to the jury. That is an enormous sum.

"Brennan asks her to use the white board that she used the day before to show the damages she had calculated. What if, he asks, the assumptions that SCO's lawyers asked you to assume -- namely that SCO owned the copyrights and Novell slandered their title -- what if neither was true? What would the calculation of damages be? He has to ask her three times, because she has trouble entering this new but-for world. But finally, on the third try, she answers that the damages then would be zero. "Do you mind writing that down?" he asks, and she does so. Then he removes the board."

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