Four witnesses testified yesterday, after which the parties “rested” and the judge asked us to return at 8:45am on Monday morning. Here’s how Friday went:
Liz Ellis completed her testimony following a relatively brief cross-examination and short re-direct.
Called David Quinto to testify next. He explained his history representing intellectual property owners and then described how he analyzed the Family Movie Act. He also explained the events that led up to the enactment of the FMA and the various notifications VidAngel had sent to the studios. Kelly Klaus attempted to impeach him by saying that he had a reputation for being “aggressive” and suggesting that the pre-litigation letters he sent to the studios asking them to advise VidAngel of any complaints they had concerning its service were “set-up” letters. Quinto responded by testifying that it is a lot less expensive to avoid conflict than to engage in it.
Jeffrey Harmon testified next, describing his life growing up in a small town, his family’s desire to watch clean content, and the prohibition he and his siblings had on watching pg-13 content until they were 17. He further testified concerning the harms that watching unfiltered content can cause, his personal interest in watching clean content, and the honesty of his brother Neal who spent 7 years re-paying investors in a failed venture even though he had no legal obligation to do so. He also testified that Harmon Brothers provided marketing services to VidAngel at cost.
Finally, plaintiffs’ expert Robin Russell testified again, this time to rebut testimony given yesterday by VidAngel expert Jeff Kinrich. Her criticism focused largely on Mr. Kinrich’s failure to account for black-out periods in his analysis of the studios’ lost profits.
Following her testimony, the parties rested. The court then heard argument on proposed jury instructions before directing counsel to return at 8:45 a.m. Monday for further discussion of the jury instructions and verdict forms, to be followed by instructions to the jurors (ordered to report at 9:30) and closing arguments. After that, the jurors will begin their deliberations.