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this post was submitted on 25 Nov 2023
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I don't know whether valve has violated anti-trust law or not, and I certainly don't think gaben deserves any more protection from covid than the general public but;
this is a stupid ruling. Why on earth can't he appear remotely, as he requested? They can't "adequately assess his credibility"? Are they gonna have an FBI body language expert on hand? Check his forehead for sweat droplets? There's nothing they can ask him in person that they can't ask him over a camera.
Feels like the plaintiffs are doing some kind of lowkey spite thing here, and I'm surprised the judge played along.
You're going to need a lot more than just I'm afraid of covid to get out of being in person for a trial. People with actual fears of being killed for testimony, still appear in person. At this point with vaccines making any serious complications nearly impossible for covid, it's a really desperate attempt to avoid attending.
I was a juror last year for a civil case, half the witnesses were cross examined over zoom before the days of the trial and played back for us. The judge made it explicitly clear that we were to take remote testimony the same as any others done in person
This isn't a criminal trial with Gabe Newell as the defendant, it's a civil trial against the company Valve.
True, but Gabe is CEO and owner of Valve.
How should that change the legal process/expectations?
I own a '92 Ford ranger, what legal structure changes for me considering I own that?
Because you would expect the people in charge of the company to answer questions regarding the actions of the company.
If you were driving your truck and crashed into a traffic light, and it was caught on camera, you would be expected to answer questions about that. Even if you weren't driving, as the registered owner you're still going to be asked about it, or at the very least to identify who was driving.
Gabe isn't just a tertiary witness, he has direct responsibility. Not that I think he's done anything wrong here, I'm just saying it makes sense to have him answer questions live in court, rather than give a pre-recorded interview. Doing it live but remote invites other issues, such as poor connection quality, which would rather be avoided unless absolutely necessary.
Another thing with the trial I was a jury member on was the plaintiff themselves were not always present, most days it was just their lawyer and paralegal. The judge reminded us each day that we can't hold their physical presence or lack thereof for or against them.
I'm no lawyer, but if neither the plaintiff nor the witnesses needed to be physically present I don't see how they can justify forcing Gabe Newell to be. Despite being CEO he's still not the defendant.
I mean he is pretty close to being the defendant, up to the limited liability of the company he owns and operates.
It's also a fact that different courts, and even different judges, may treat things differently. I have no idea how Seattle handles things, but I reckon this is in line with other cases they've heard.