David Boies Quotations

I made a penny for each paper delivered every day, plus 2 cents for Sunday papers. I had 120 customers. For a 10-year-old kid in the 1940s, that was a lot of money.

The very purpose of the Bill of Rights and the Constitution is to protect minority rights against majority voters. Every court decision that strikes down discriminatory legislation, including past Supreme Court decisions, affirming the fundamental rights to marry the person you love, overrules a majority decision.

When you think of Napster, you think of music. But the first thing that struck me was that this was an important case not only for the music industry but for the whole Internet.

Napster's only alleged liability is for contributory or vicarious infringement. So when Napster's users engage in noncommercial sharing of music, is that activity copyright infringement? No.

Here you have a new technology, and if that technology is going to work, you must allow people to provide central indexes of the data. It's just like a newspaper that publishes classified ads.

You never know when you lose a case whether it was because the facts were against you, or because the judges had already made up their minds, or if you could have done something differently.

Obviously Im a lawyer; I like to have cases.

The Audio Home Recording Act directly says that noncommercial copying by consumers is lawful.

I was a paper boy, beginning the summer between my fourth-grade and fifth-grade years.

I would be very, very surprised if we uncovered a large fraud at this stage. The work we have done would have been enough to uncover a very large fraud at this stage.

no direct or indirect ownership interest in Amici.

From our perspective, to say that you are going to wait until after the trial to have the examination of the ballots, is backwards, because here the witnesses are primarily the ballots.

I don't think anybody can tell you exactly how much the prices would decline, but it's clear it would decline substantially.

From the beginning we've said we are going to respect the rule of law. If the Supreme Court of the United States says no more votes will be counted, then that's the end of it,

Forming two companies versus three was one of the most difficult questions we faced.

But they don't come out of nowhere to compete with Windows. Not in 12 years.

What is being done here on the basis of what we think is a very over-broad prior restraint is to forbid, in a way that no appellate court has ever upheld before, a distribution of intellectual information, intellectual knowledge, owned by the person who is distributing it.

What Microsoft set out to do through these contracts, and largely succeeded for the time they were in effect, was to deprive consumers of the right to choose between Microsoft and Navigator.

There is evidence of what we see here is an exit strategy for Netscape -- that because of the blanket Microsoft has put over it, Netscape was not able to continue its pattern of innovation.

People are in a good mood at the Open.

I think when you have as many lawyers that are involved on both sides, there is a danger that they all try to find something to do.

I think, your honor, you could say -- and this is not that different from what we have argued -- that as long as the manual recounts will not impair the final certification in time to permit the selection of electors by December 12, that those manual recounts must be included.

You didn't invent or fabricate it, did you?

Microsoft had an opportunity to ask any questions it wanted to about the nature of those sensitive business discussions. Unless Microsoft wants to claim that, like some indigent criminal defendants, they are unable to procure competent counsel on their own, it's really up to them to ask those questions.

Whether you think their witnesses are credible or non-credible ... they've admitted monopoly power, they've admitted the absence of competitive constraints, they've admitted raising prices to hurt consumers, they've admitted depriving consumers of choice and they've admitted that the reason that they did that was because they were afraid that consumers would in their view make the wrong choice, which is the non-Microsoft choice,

Well, if you're winning browser share, that must mean that some other company is producing browsers and you're comparing your share of browsers with somebody else's share of browsers, ... Is that not so, sir?

There are a variety of ways people can market browsers. The question is: Are they effective ways to market browsers?

There are ballots that the machine cannot read but from which voter intent can be discerned by manual review.

Was that your view on January 6, 1999?

The only reason for them collusively not to sell is to try to continue the scarcity that has driven natural gas prices to historic highs.

The only reason for them to collusively not sell is to try to continue the scarcity that has driven natural-gas prices to historic highs.

The facts are pretty clear of what Cablevision did. If the antitrust laws do apply, their conduct was wrongful.

This summer, we're going to totally divorce Sun.

We put fear and prejudice on trial, and fear and prejudice lost.

It was important for the Supreme Court to say it’s a matter of constitutional law that everyone is equal, to say everyone is entitled to the dignity that comes from being married to the person you love.

But I'd say my best boss was Tom Barr, who was a partner at Cravath, Swain & Moore in the 1960s. It's because I learned so much from him.

I think what it was about was the people's right to vote and have those votes counted. And if you think back through our history, an awful lot of what we've fought over, struggled for, is the right of people to vote. That's what the civil-rights movement was, at its bottom, about. At the fundamental level, democracy means a government in which the people vote.

It is easy to be accurate if you have the freedom to be complicated, and it is very easy to be simple if you have the freedom to shade the truth. What's hard is to be simple and very accurate, and that takes work to figure out what are the simple truths that are going to sustain your case.

What the sense seems to be is that somehow Gov. Bush's campaign should be protected from Gov. Bush's lawyers, if they didn't ask for a recount, and therefore there should be recount anyway, even if they didn't ask for it.

The only reason for them to collusively not to sell is to try to continue the scarcity that has driven natural gas prices to historic highs.

What I am asking is that the court use its power so that the votes of all the people of Florida that have been cast can be counted,

Did you or others on behalf of Microsoft tell Intel that Microsoft would hold up support for Intel's microprocessor if Intel did not cooperate with Microsoft?

Did you want IBM to lower their rhetoric on Java?

Didn't you tell me two minutes ago they could?

What is going on is AIG is trying to shut down the Starr agencies as competitors, and that AIG is willing to take positions in court that are inconsistent with written contracts, and internally inconsistent.

What is it about the word 'concerned' that you don't understand?

The Supreme Court of the United States has not, at least for 100 years and maybe going back further, ever stepped in to change the results of a national election by substituting its judgment as to how votes ought to be counted for the judgment of local election officials,

The statute says you need only have a sufficient number of votes to change or place in the doubt the results of an election. (Sauls) has not even looked at any of the ballots.

What company is most likely to be a potential entrant for operating-system competition?

You don't? ... Is that what you're telling me? You don't understand what that means?

Both Mr. Shandling and I are very pleased with the settlement. We're very pleased we could achieve it without the necessity of a trial.

They're talking about meetings that took place at other times -- we're not saying that they engaged in market divisions every time they talked,

There was a disadvantage to us in not being able to deal with Mr. Colburn at the time he was on the stand ... I think that disadvantage has been more than taken care of today because we had Mr. Case able to testify to that.

This case raises important questions of how the copyright laws are to be applied to this new medium,

This is going to be resolved by the Florida Supreme Court promptly, and what I think is that will be the end of the matter. I think whoever wins in the Florida Supreme Court will accept that.

This is the first case that I am aware of where, in a ballot contest, the court has refused to look at any ballot,

I'm not sure what you mean by it? is there a document where I use that term?

If you had been aware of this would you have used the survey as you did?

Is the term 'concerned' a term you are familiar with in the English language?

Not only do they give it away, they bribe people to take it... and they tie the product to their monopoly operating system.

Absolutely your honor. In Sony, the court found that sports programming was a significant non-infringing use and that was 7.3 percent of all of the uses of the Betamax. They talked about the significance of one movie that was uncopyrighted,'My Man Godfrey.' They talked about one television show, 'Mister Rogers,' and that was significant.

Their concerted refusal to market this gas results in higher gas prices that hurt consumers and businesses throughout Alaska and the rest of the U.S. This cannot be allowed to continue.

That's as good an illustration as you can get both of Microsoft's monopoly power and its ease of monopoly power to restrict competition.

In the roughly six hours that the counting of the votes took place, a very large amount of progress was made. If the count had continued yesterday afternoon and this morning, that count would be largely completed, with possibly the exception of one or two counties that were outside of the Tallahassee area,

But I'd say my best boss was Tom Barr, who was a partner at Cravath, Swain & Moore in the 1960s. It's because I learned so much from him.

It's clear that what is going on is AIG is trying to shut down the Starr agencies as competitors, and that AIG is willing to take positions in court that are inconsistent with written contracts, and internally inconsistent.

AOL and its affiliates will exclusively market, promote and distribute Internet Explorer on or for use by its subscribers to AOL's flagship service.

You were concerned that if you presented users with a choice, side by side, they would pick the Netscape browser rather than yours?

The first thing, your honor, is that any candidate could have requested a manual recount in any county, so that the manual recount provision is something that by statute is given to the candidates. And wherever there has been a manual recount requested, the counties have gone forward, and indeed some of the results that have already been certified have been results that included manual recounts.

The court heard Judge (Charles) Burton (of the Palm Beach County canvassing board), called by the defendants, testify that they had been able to identify the clear intent of the voters such to add a net 215 votes to Vice President Gore.

The firm's services have been substantial, necessary, and beneficial to the debtor, creditors, and other parties in interest.

You understand what is meant by non-Microsoft browsers, do you not, sir?

It probably will not be until tonight that we have a complete view of what has happened and a complete understanding of what the nature of our contest will be.

They placed on the plaintiffs the burden of first coming forward and identifying a work that they had a copyright in, and second demonstrating that it was listed on the Napster index that is available through Napster. Because the court of appeals -- we think -- properly put that burden on the plaintiffs, we have begun by dealing with those files where the plaintiffs have met that burden.

It's an opportunity to relax and talk with the people you do business with. That's always productive.

The law provides that companies cannot get together and pool their copyright and use them for anticompetitive purposes, ... Only about 2 percent of musical artists are signed to record label contracts. Napster enables the other 98 percent to reach audience and compete with record labels.