getting on his bad side. In these kinds of cases, you have to watch everything you do, even the way you laugh or cry ...â Weâll see who has the last laugh here.
Justice Théberge appears wearing his robes, and the trial begins. The charges are read out, the names of all the parties and witnesses cited, and the alleged misappropriation described.
Mr. Biron is in charge of this part of the proceeding, since weâre the plaintiffs. The defense will follow, to point out why it believes the charge is unfounded.
Next Mr. Biron calls witnesses to the stand, most of whom were at our first unofficial show. Of course, theyâre all convinced weâre the authors of our songs. Theyâre very clear on that point, but the defendantâs lawyer asks each of them in turn for tangible proof. âDid you see with your own eyes one of the members of the Nexxtep band write the song âLive in the Darkâ?â
As soon as they answer, âNo,â itâs clear their testimony is worthless. âJust singing a song does not equate to writing it,â the defendantâs lawyer says over and over.
Mr. Biron only called on the witnesses who saw the boy with the recorder. He tries to establish as fact that a child recorded our concert without our knowledge. No manâs fool, Mr. Bellehumeur asks for the boyâs name during his cross-examination.
No one knows. Tom Paradis is enjoying this. He knows we havenât managed to identify the kid. Thatâs why he smirks every time Mr. Biron questions a witness about the ghost and his recorder. Far from nervous, heâs jubilant! Just wait and see, Tom Paradis. In a few hoursâ time, Iâll be the one sporting a victory smile.
Then itâs my dadâs turn to testify. Mr. Biron urged him to keep his answers brief to avoid compromising our case. He confirms that I wrote the songs on his old computer. As for an exact date, he canât â¦
His vague answers are just what the other side wanted to hear. In the defence counselâs mind, and maybe in the judgeâs too, victory is theirs. Thereâs only one witness left to be heard from: Martin Simard. Mr. Biron asks to call him to the witness stand.
The defense objects, maintaining a computer expert has no standing in the trial. In actual fact, Mr. Bellehumeur has no idea why the witness is being called and so is extremely wary.
âYour Honor,â says Mr. Bellehumeur, âI fail to see what bearing an expert opinion has on this case. Especially considering the evidence we have filed, which pertains to copyright for a text not produced on a computer.â
With all the authority of his position, Mr. Bellehumeur claims that the case is clear. âOn October 24 th , my client, Tom Paradis, sent the Intellectual Property Rights Office form number 10 entitled, Application for Registration of a Copyright in a Work and an attached handwritten page with the songâs music and lyrics. I fail to understand, Your Honor, why we should have to listen to some expert drone on about computer-related issues.â
The judge interrupts the defence lawyer. âSince the dispute centers around a text that was, according to the prosecution, entered into a computer prior to your copyright application, I deem it admissible to put a computer expert on the witness stand. I will rule on the relevance of his testimony after hearing him out.â
Thrilled with the judgeâs decision, Mr. Biron proceeds to call Mr. Martin Simard forward. He asks for his name, address, title, and role (computer programming specialist), then moves on to his line of questioning. âMr. Simard, have you had an opportunity to inspect the computer belonging to Mr. Serge de Vertefeuille, Alexandreâs father?â
âYes, I have,â Mr. Simard answers.
âWhat type of computer is it?â
âItâs an older Macintosh computer. I have its serial number for filing.â
Mr. Biron