Witness Stand Script

U.S. Attorney: Your Honor, I would like to call my first witness, Ms. Barbara Miller.

Judge: Ms. Miller.

Clerk: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?

Miller: I do.

U.S. Attorney: Please state your name and occupation for the record.

Miller: Barbara Miller. I am the Chief Executive of Generic Record Company.

U.S. Attorney: How are you connected to this case?

Miller: I was in my office going through mail one day, and I came across a letter that alerted me to an individual, a Mr. Simmons of State College, who was downloading music and movies illegally. Sometimes we get anonymous letters, but we usually disregard them because they are usually just from people trying to cause problems for someone. This one had a name attached to it, though.

U.S. Attorney: Whose name?

Miller: It was Dennis Vader, a former intern for our company. I believe he interned last year. He wasn't much of a people person, but he was a hard worker; he made an impression. When I saw his name, I took more interest in the letter.

U.S. Attorney: What was the letter itself like?

Miller: Well, it was very particular. It listed a variety of songs he accused the defendant of downloading that Generic Records owned the copyright to.

U.S. Attorney: What did you do?

Miller: I called up our legal department and told the lawyers to get on this. You see, with various privacy laws and everything, it is rather difficult to zero in on suspected pirates. When we think that we have one for certain, we have to act on it. We have to make the public aware that piracy is illegal. Do you have any idea how much money we lose each year to pirates?

U.S. Attorney: What happened next?

Miller: Well, I decided to sue Mr. Simmons for copyright infringement, based upon the recommendations of our lawyers. I also informed the U.S. District Attorney's Office in case we decided to institute criminal proceedings. This was also done on the advice of corporate counsel.

Really, I felt bad doing this, especially against a college student, but it's business. Again, we have to make an example of those we catch. We turned over all relevant information to the U.S. Attorney's Office, and they decided to prosecute. That's why I am here testifying today.

U.S. Attorney: Thank you, Ms. Miller.

Judge: Does Defense Counsel have any questions for this witness?

Defense: Yes, Your Honor. Ms. Miller, you allege that my client was illegally downloading your company's songs. Did you ever witness him doing this?

Miller: No.

Defense: I see. How far along is your civil suit against my client?

Miller: I believe it was just filed about a month or two ago. It is scheduled for trial in about a year. We are trying to negotiate a settlement with Mr. Simmons.

Defense: A settlement?

Miller: $20,000. This is just a slap on the wrist. We could possibly get up to $1,000 per song.

Defense: Let me see if I have this straight. You could get nearly $1,000 per song, and you are settling for $20,000. Sounds like a weak case.

U.S. Attorney: Objection!

Defense: Withdrawn. Did Mr. Vader ask you to keep his name a secret?

Miller: Yes, he specifically asked that in his letter. And, I tried to accommodate him. After the civil suit began, I had to reveal his name. I didn't want to, but, after speaking with counsel, they said there was no other way. When I told Dennis this, he seemed upset. I eventually calmed him down, and told him that it was the only ethical thing to do.

Defense: I see. Does your company have nothing better to do than sue and prosecute college students?

U.S. Attorney: Objection! Argumentative.

Judge: Sustained. Tone it down, Counselor.

Defense: Sorry, Your Honor.

Judge: Redirect?

U.S. Attorney: No, your Honor.

Judge: Very well. Ms. Miller, you may step down.

U.S. Attorney: Your Honor, I would like to call my next witness, Mr. Dennis Vader.

Judge: Mr. Vader.

Clerk: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?

Vader: I do.

U.S. Attorney: Please state your name for the record.

Vader: Dennis Vader.

U.S. Attorney: What is your occupation?

Vader: Currently, I am a rising junior at State College.

U.S. Attorney: Mr. Vader, do you know the Defendant, Mr. Simmons?

Vader: Yes.

U.S. Attorney: In what capacity do you know the Defendant?

Vader: We were roommates during the spring semester '06 at State College.

U.S. Attorney: Did you ever witness Mr. Simmons download movies or music on his computer?

Vader: Yes, many times. In fact, I saw him downloading music almost every day. He typically downloaded movies on weekends.

U.S. Attorney: Did you ever witness the Defendant accept money to download either a song or a movie?

Vader: Yes, but not so much with the songs. I saw him get a couple bucks to put together a mixed CD for different people. He definitely charged for the movies. He stashed the money in two different jars in his closet.

U.S. Attorney: About how much money would he charge for a movie?

Vader: It would depend. On average, I would say about $10. Someone would download the movie and then burn it onto a CD.

U.S. Attorney: Can you name anyone in particular for whom he was downloading a song or a movie?

Vader: I saw a lot of people in and out of his room, using his computer, but I didn't know most of them. We didn't have the same friends. Except for one person. (He looks at Joan Wilson.) One day, I asked him who he was making a CD for. He said that he was making it as a surprise gift for a friend of his, Joan Wilson. Other than that, I can't really say.

U.S. Attorney: Did you ever ask Mr. Simmons to download a song or a movie for you?

Vader: No. I realized that it is against the law. I would not want to pirate those materials. As Ms. Miller said, I interned for a record company last summer. This experience showed me how hard it is to make and sell records. I wouldn't want to steal the company's products. I want to work there someday.

U.S. Attorney: Why did you report your roommate?

Vader: As I said earlier, through my internship, I came to realize that this action is not just illegal, but just plain wrong. I figured that I knew about it, so I had to do something or who else would? Also, I am not a lawyer. I heard stories that, if I knew someone was doing something illegal and I didn't try to stop it, I might be charged as an accomplice or something.

U.S. Attorney: Thank you, Mr. Vader.

Vader: You're welcome.

Judge: Does Defense Counsel wish to cross-examine this witness?

Defense: I do, Your Honor. Thank you. Mr. Vader, how would you characterize your relationship with my client, Mr. Simmons?

Vader: We didn't hang out, if that's what you mean.

Defense: You didn't like Luke, did you?

Vader: We are two different people. He likes to listen to music on his I-Pod, study, keep the room clean, and go to bed early. I like to chill. I'm not a neat freak and my stereo sounds best when I crank it.

Defense: Why did you two end up sharing a room, then?

Vader: It wasn't my idea. The college placed me there at the beginning of the second semester. They said I would either have to live there, or lose my on-campus housing.

Defense: Where did you live before then?

Vader: In another dorm, across campus.

Defense: Why did you leave?

U.S. Attorney: Objection! Relevance, Your Honor?

Defense: I am attempting to demonstrate that Mr. Vader had reasons to make up this charge against my client.

Judge: I'll allow it. Objection overruled.

Vader: My previous roommate complained to Student Life about me. Said that I was impossible to live with. It was all lies, but they believed him.

Defense: Was doing your civic duty your only motivation for telling Generic Records that Mr. Simmons allegedly downloaded movies and music?

Vader: Huh?

Defense: Never mind, we will get to that later. Oh, and if you knew you were doing the right thing, why did you ask Ms. Miller to keep your name private?

Vader: I wanted to do the right thing, but I am still in college. I didn't want to be a snitch!

Defense: Of course not. I am finished, Your Honor.

Judge: Redirect?

U.S. Attorney: No, Your Honor.

Judge: Mr. Vader, you may step down.

Vader: Thank you, Your Honor.

U.S. Attorney: The Government rests.

Testimony of Nick Smith

Defense: The Defense calls Mr. Nick Smith.

Clerk: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?

Smith: I do.

Defense: Please state your name and occupation for the record.

Smith: Nick Smith. In the fall, I will return to State College as a freshman.

Defense: Do you know Mr. Simmons?

Smith: Yes.

Defense: In what capacity do you know Mr. Simmons?

Smith: We were roommates during the Fall 2005 semester at State College. I had to take a leave of absence in the spring due to mono, so I am a semester behind.

Defense: How did you get along with Luke?

Smith: Good. I mean, we weren't tight, but we hung out every now and then. We both had other friends and activities. I don't think we ever really got on each other's nerves. From time to time, we still talk. It's rough that Luke and I have to meet again under these circumstances.

Defense: I agree. Now, Mr. Smith, what is your intended major?

Smith: It's actually a double major, computer science and mathematics.

Defense: Would you say you know a lot about computers?

Smith: Yeah, I have been working with them for most of my life. In addition to my classes, I also worked, and intend to work again, for the College's Technology Service Department.

Defense: Does the College have any provisions in place to prevent illegal downloading?

Smith: Yes, it has a firewall. The problem with this firewall, though, is that I think it is too restrictive. It not only prevents illegal downloads, but also prevents you from gaining access to websites where you can download music legally, for a fee. Occasionally, it even interferes with students' ability to receive outside e-mails.

Defense: So, could there be legitimate reasons for wanting the firewall disabled?

Smith: Yeah, sure. I disabled mine.

Defense: Did anyone you know at school ask you to disable theirs?

Smith: Luke, and a few others.

Defense: Did you do it? Disable the firewall on Luke's computer?

Smith: Yes.

Defense: Why did you do this when it was against school rules?

Smith: Like I said, the firewall was so annoying, and there are legitimate reasons for disabling it. I just did it as a favor for a friend. It wasn't my business what Luke did with it afterward.

Defense: Did you ever witness Luke download a song or movie?

Smith: A song, yes. Movies, no. I mean, I knew he watched movies a lot on his computer. I saw him doing that. But, I don't know where they were from. For all I know, they could have been DVDs he got for his birthday or something. As for the songs, I helped him download his first song—from a legal site which cost 30 cents per song. Before the firewall was disabled, this site could not be accessed. I know that he had a lot of songs on his computer, but, for all I know, he paid for them all. I never witnessed him download an illegal song.

Defense: Thank you, no further questions.

Judge: Does the Assistant U.S. Attorney wish to cross-examine the witness?

U.S. Attorney: Yes, Your Honor. Mr. Smith, you said that you never saw the Defendant actually download an illegal song or movie. He watched movies on his computer, but he never downloaded them?

Smith: Well, one time, he asked if I'd show him how to download a movie. He said that he only knew how to download songs. I never got around to it, and I never saw him, actually, download a movie.

U.S. Attorney: Did he ever charge to download these materials?

Smith: One time, a friend gave me 10 bucks that he said he owed to Luke for a movie. I remember it was North by Northwest—one of my favorite flicks.

U.S. Attorney: Thank you. No further questions.

Judge: Redirect?

Defense: Yes, Your Honor. What was your response when Luke asked you to show him how to download a movie?

Smith: I actually had to run to class, so I told him I couldn't show him right then.

Defense: Did he ask again?

Smith: No.

Defense: Did you ever see Luke accept money for downloading?

Smith: No.

Defense: Thank you. No further questions.

Judge: Re-cross?

U.S. Attorney: Yes, Your Honor. Did you ever see Luke watching a movie or listening to a song that he earlier talked about downloading?

Smith: Yes. We watched a couple movies together. He talked about how slow the system was when he downloaded music and asked if I knew why.

U.S. Attorney: Thank you. No further questions.

Judge: Thank you, Mr. Smith. You may step down.

Defense: Your Honor, the Defense would like to call its second witness, Ms. Joan Wilson.

Clerk: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?

Wilson: I do.

Defense: Please state your name and occupation for the record.

Wilson: My name is Joan Wilson. I am a rising sophomore at State College.

Defense: Do you know Luke Simmons?

Wilson: Yes.

Defense: In what capacity do you know Mr. Simmons?

Wilson: Luke and I had a History course during the first semester and a Philosophy course the second semester. We also lived in the same building. We became friends and have been dating since March.

Defense: In what capacity do you know Dennis Vader?

Wilson: I had an English class with him first semester and a Spanish class with him second semester. Second semester, we lived in the same residence hall after he was transferred to Luke's room.

Defense: How would you characterize your relationship with Mr. Vader?

Wilson: I always try to be friendly to everyone. I guess you could say that we were friends-more than just classmates. He just had a way about him, though, that sometimes bugged me. He could be pretty annoying, quick to get into arguments, generally, the type of person you try to avoid, if possible.

Defense: You said that you were friends?

Wilson: Well, I guess. But I don't have a very high opinion of him since he implicated Luke in this whole mess. I mean, how would you feel about the person who was responsible for getting a friend sued and facing criminal charges?

Defense: As someone who saw both of them frequently, how would you describe the relationship between Luke and Dennis?

Wilson: Not too good-and things got worse after Luke and I began dating. You see, I think that Dennis likes me. He asked me out on several occasions, but I tried to politely tell him "no." He didn't seem to get the message, so one day, I just completely ignored him. I could tell that he was angry. Shortly afterward, I found out that Luke was being sued. I haven't spoken to Dennis since then.

Defense: Jealousy is a good reason to make up a charge against someone, isn't it?

U.S. Attorney: Objection! Calls for a conclusion and is inflammatory.

Defense: Withdrawn.

Judge: Watch it, Defense Counselor.

Defense: Sorry, Your Honor. No further questions.

Judge: Cross-examination?

U.S. Attorney: No, your Honor.

Defense: The Defense rests.