)Microsoft too had difficulty maintaining a united anti-Boies front. But the thing about this is, you don't need to solicit people. The RIAA's members are acting in concert. And it amounts to considering the short term and disregarding the long term. Or There are his herculean work habits: “Would you rather sleep or win?” Boies once asked a colleague. But all of the RIAA's claims of harm concern what will happen much further out - they claim that things are going to be bad for them in the future.Because there isn't a whole lot of evidence that things are going bad for them today?There's no evidence. The 9th Circuit has held that space-shifting is clearly a noninfringing use, and both Napster's expert and the RIAA's expert say space-shifting is a very substantial use by Napster users.Another noninfringing use is to distribute music that is either not copyrighted at all, or whose copyright has been lost, or whose copyright holder doesn't object, and that kind of music represents another use of the Napster system.Yet another related use is sampling. “And he said, ‘Don’t worry.’” Boies was elevated in 1972, two years ahead of schedule. Third, it showed that at Microsoft the dissembling started at the top—and, presumably, trickled down. Those are the kinds of judgments Congress has to make, not a court.Size and scale. It was Flexner who was brought in by AOL’s general counsel, George Vradenburg III, to shepherd the Time Warner merger through the regulatory process.For an administratively impaired type like Boies, running an office was a new and not entirely welcome challenge. They're copying our works." But Klein, like everyone else, came to realize that his hired gun came with a caveat:that, if you can pardon a bad pun, Boies will be Boies.“Besides being someone who can cut through a mountain of facts to get at the truth, he’s possessed of that kind of intuitive insight,” said Shandling, whose $100 million lawsuit accused Grey of misappropriating funds from their joint ventures and ripping off the rights to his television shows. It is currently rated 23rd in "overall prestige" and 15th among New York law firms by Vault.co… He simply wore Gates down, doggedly refusing to react to Gates’s goading, rephrasing a question until he got either what he wanted or another helping of egregious, telegenic evasiveness. To one wary Microsoft witness, he actually pledged to raise his hand whenever he asked a trick question. And it probably has to be that way, because what you're talking about with the antitrust laws is, Does a company have a monopoly power, or is the company engaged in anticompetitive conduct? Nobody at Napster wants to eliminate intellectual property. The Federal Trade Commission found, in a recent study, that the members of the RIAA overcharged consumers by nearly $500 million. The courts apply the law, Congress makes the law, and at some point with new technologies, you've got to make the law. “If I had a really bad case someday, you might want somebody like Boies who could confuse the issue,” he replied. A few minutes later, he did—and he did.Lawyers are fond of saying that “gotcha” moments happen only on television, but armed with incriminating E-mails and alert to doctored demonstrations, Boies pulled off a series of them in the Microsoft trial. There are four basic issues, and the recording industry has to win on each of them in order to prevail. He loves junk food; while crashing out some papers once, he sent his secretary and driver to the nearest movie theater to fill up a Hefty trash bag with popcorn. “He obviously considered the attorney not to be as bright as he is,” Ebert told By December 1998, at which point the case was in mid-trial, Gates was accusing Boies via satellite of being “out to destroy Microsoft” and of “badgering” him with irrelevant or trick questions. They aren't at that point yet, partly because of how much they operate as a single entity. However, it is quite possible that, given its scale, the Internet could permit noncommercial consumer copying on a scale Congress did not contemplate.Every time a new media technology comes along, the same questions seem to wind up in Congress' lap.Look at cable television. Do you think that's a fair assessment - that she's basically clueless about how Napster actually works?I think that's fair. A 59-year-old native of rural Illinois, Boies spent 30 years at the white-shoe law firm Cravath, Swaine & Moore before bolting four years ago to set up his own New York-based shop, Boies, Schiller & Flexner. However, judges are particularly good at it, and they are trained to set aside what they have believed in the past when new evidence comes in.
“Here’s a guy who’d been with one of the best law firms in the world all these years and suddenly he’s going to stand on principle for the little guy. This annoys him, but it is also part of his strength: it makes him seem more down-to-earth and straightforward.
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