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.