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

[ Thanks to SilverWave for this link.

“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.”