The Trial
At long last, the trial! Here’s hoping everything goes according to plan. No one other than Mr. Biron and me knows about the surprise we’ve got in store for Tom Paradis.
If the guy only knew, he wouldn’t look so triumphant. For now, he thinks he’s got the upper hand. His lawyer too, Mr. Bellehumeur, looks absolutely sure of a win. In their mind, the whole affair’s in the bag.
He whispers something in Tom Paradis’ ear. Probably telling his client to look more humble once the judge steps into the courtroom. Something like, “It’s always best to avoid getting on his bad side. In these kinds of cases, you have to watch everything you do, even the way you laugh or cry ...” We’ll 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 we’re 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, they’re all convinced we’re the authors of our songs. They’re very clear on that point, but the defendant’s lawyer asks each of them in turn for tangible proof. “Did you see with your own eyes one of the members of the Nexxtep band write the song ‘Live in the Dark’?”
As soon as they answer, “No,” it’s clear their testimony is worthless. “Just singing a song does not equate to writing it,” the defendant’s 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 man’s fool, Mr. Bellehumeur asks for the boy’s name during his cross-examination.
No one knows. Tom Paradis is enjoying this. He knows we haven’t managed to identify the kid. That’s why he smirks every time Mr. Biron questions a witness about the ghost and his recorder. Far from nervous, he’s jubilant! Just wait and see, Tom Paradis. In a few hours’ time, I’ll be the one sporting a victory smile.
Then it’s my dad’s 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 can’t …
His vague answers are just what the other side wanted to hear. In the defence counsel’s mind, and maybe in the judge’s too, victory is theirs. There’s 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.
“Your Honor,” says Mr. Bellehumeur, “I 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.”
With all the authority of his position, Mr. Bellehumeur claims that the case is clear. “On October 24th, 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 song’s music and lyrics. I fail to understand, Your Honor, why we should have to listen to some expert drone on about computer-related issues.”
The judge interrupts the defence lawyer. “Since 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.”
Thrilled with the judge’s 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. “Mr. Simard, have you had an opportunity to inspect the computer belonging to Mr. Serge de Vertefeuille, Alexandre’s father?”
“Yes, I have,” Mr. Simard answers.
“What type of computer is it?”
“It’s an older Macintosh computer. I have its serial number for filing.”
Mr. Biron asks Mr. Simard to hand the judge a document showing the computer’s serial number and specifications. There is also a sworn affidavit attesting to the absolute truth of the facts reported there. Then he moves on to the main issues. “Tell us, Mr. Simard, is it true that a computer such as this records the minute, hour, day, month, and year for every document produced?”
An “Objection, Your Honor” rings out from Tom Paradis’ lawyer, but the judge instructs the witness to continue. Martin Simard replies, “Absolutely. The computer automatically indicates the date on which all documents it stores in its memory were created.”
“Does the user have to initiate that operation?”
“Absolutely not. Internal software records the data as soon as a new document is created.”
“That means that if I write a song, say for example ‘Live in the Dark,’ I should be able to find the exact time it was written and saved on the computer?”
“That is correct.”
“Mr. Simard, were you able to search the files on the computer Alex used?”
“Yes.”
“What about the date on which the song in question was created?”
“Yes.”
“What was that date, Mr. Simard?”
“February 4th at 9:29 p.m.”
“Could Alexandre de Vertefeuille or anyone else have changed that date, Mr. Simard?”
“No.”
“Mr. Simard, would you please give the judge a copy of your expert findings?”
Mr. Simard complies while Tom Paradis’ lawyer cries, “Objection, Your Honor!” in an attempt to have Mr. Simard’s testimony ruled inadmissible.
But the judge is interested in hearing more about this new evidence. He asks Mr. Simard if it would be possible for him to see the process with his own eyes. Mr. Simard is happy to comply, especially since Mr. Biron thought to ask him to bring along a computer. The specialist then walks him through a demonstration that so illuminates the subject that the judge deems his testimony wholly admissible.
And just like that, the tide turns. If the judge accepts the testimony, it must mean he agrees that I wrote the song on February 4th, predating the legal paperwork submitted by Tom Paradis by eight months.
Our opponent’s case lies in ruins. Tom Paradis is livid. He’s drenched in sweat. No matter what his lawyer says now, his arguments have taken a real hit. He can see his fortune slipping through his fingers, and all because of some stupid computer. He’s fuming.
On our side, it’s pure joy. Mélanie, Jean-François, and Bruno learn for the first time that Mr. Biron has finally found the secret combination to the safe holding thousands of dollars, our dollars. Of course, no one knows that it all started with my brilliant idea. For the time being, that doesn’t matter. They’ll find out soon enough! I’m not one to play down my exploits!
We have every reason to celebrate. Mr. Biron’s final argument is a masterpiece of logic and rhetoric. The judge is under his spell. It’s clear now, victory is ours.
Mr. Biron lays it on thick, asking that the royalties be handed over to us in their entirety and that we receive compensation in the sum of $10,000 for exemplary damages or, failing payment, that a prison sentence be imposed on the accused because of the serious nature of his crime.
The crime is all the more serious, emphasizes Mr. Biron, in that it was perpetrated against minors (that’s us!). The judge himself can’t help but nod as Mr. Biron makes his requests. You should see the expression on Tom Paradis’s face! What pleasure, what joy, what a thrill to see the dramatic transformation.
As impassioned as his lawyer tries to be, he fails to convince. His final argument falls flat, even as it tries to call into question the validity of the prosecution’s evidence. Me, I’m laughing inside, imagining Tom Paradis clutching the bars to his prison cell, staring into space and dreaming of freedom. I’m so glad. He’s made us suffer enough. Let him rot in his hole.
Soon we’ll be rich. Maybe even famous. So there is some justice here on earth!