Judge Rules Steve Jobs Deposition Video Will Not See Public Release

jobs_poseThe Steve Jobs deposition video that played a key role in the iPod antitrust trial Apple faced in court last week will not see a public release, ruled by District Court Judge Yvonne Gonzalez Rogers.

In a filing released today (via AppleInsider), the judge denied a request issued by several major news outlets last week, including CNN, Bloomberg, and the Associated Press. The news agencies had filed a motion to have the deposition video, which was filmed just six months before Steve Jobs' death, released to the public.

Citing past precedent of a decision made by the Eighth Circuit court in a case involving a video deposition of former President Bill Clinton, the court decided the Jobs video was not a judicial record and should be treated as any live testimony.

Here, the Court agrees with the Eighth Circuit and concludes that the Jobs Deposition is not a judicial record. It was not admitted into evidence as an exhibit. Instead, the Jobs Deposition was merely presented in lieu of live testimony due to the witness's unavailability, and was and should be treated in the same manner as any other live testimony offered at trial. As is typical of all live testimony, it is properly made available to the public through its initial courtroom presentation and, subsequently, via the official court transcript, the latter of which is the judicial record of such testimony.

Part of the reason the court decided not to publicly release the video was due to Apple's strong objection to the motion. Had there been no objection, Judge Rogers' filing says the ruling "might be different."

In the video in question, Steve Jobs explained that Apple's airtight Digital Rights Management (DRM) policies were the result of "black and white" contracts with record labels. Preventing the iPod from playing music from competing services was merely "collateral damage," he said.

Jobs was said to be evasive in his testimony, answering questions with "I don't remember," "I don't know," or "I don't recall" more than 74 times. He also had a "snarky" attitude, according to CNN, asking "Do they still exist?" when questioned about RealNetworks.

Apple's iPod trial ended yesterday, with a ruling in its favor. After deliberating for just three hours, the jury decided that Apple had not harmed consumers with anticompetitive practices. Had Apple lost the case, it could have been on the hook for up to $1 billion in damages.

Top Rated Comments

(View all)
Avatar
76 months ago
I think this makes sense. There was nothing to be gained by releasing the video given that the transcript is available.
Score: 5 Votes (Like | Disagree)
Avatar
76 months ago

The fact that a corporation can squelch such a request should be of concern to those who value freedom of information. The judge admits that she might have released the video had Apple not objected.

Was the request ghoulish? Absolutely. But it is the duty of the Fourth Estate to doggedly pursue what it perceives as public information. Freedom of the press is not always a pretty thing.

You can have the information - the article says exactly that.

As is typical of all live testimony, it is properly made available to the public through its initial courtroom presentation and, subsequently, via the official court transcript, the latter of which is the judicial record of such testimony.

But that's not what you're asking for. You want to watch the famous dead man talk. Look who is making the request - news sites desperately wanting to be the first to get it on the air in order to create a spectacle and score ratings. The filing was not from anyone acting in the interests of freedom of information, that there were things revealed that people have a right to know about - it was out of self-interest.

If information is what you genuinely want, then you will be satisfied with the court transcript.
Score: 4 Votes (Like | Disagree)
Avatar
76 months ago
Glad they heeded Apple's request.

The presentation video of Steve and the Cupertino council members is worth watching - for those who want a video to watch.
Score: 4 Votes (Like | Disagree)
Avatar
76 months ago

The fact that a corporation can squelch such a request should be of concern to those who value freedom of information. The judge admits that she might have released the video had Apple not objected.

Was the request ghoulish? Absolutely. But it is the duty of the Fourth Estate to doggedly pursue what it perceives as public information. Freedom of the press is not always a pretty thing.


I have no problem with the press "doggedly pursuing" it. That's what I would expect them to do. But it's absolutely reasonable for the court to say no. That's the nature of checks and balances.

And Apple was the defendant in the case so they're the ones who had standing to request that the court not release it. That's not "squelching" it - that's making a request. The judge was the final arbiter.
Score: 3 Votes (Like | Disagree)
Avatar
76 months ago
Nothing unexpected... It would have been fun to see snarky Steve Jobs but... oh well.
Score: 3 Votes (Like | Disagree)
Avatar
76 months ago
I miss the snark—probably because he was often correct and his brand of snark cut right through the bullcrap. He was great at doing that.
Score: 2 Votes (Like | Disagree)

Top Stories

First Impressions From New iPhone 12 and 12 Pro Owners

Thursday October 22, 2020 4:20 pm PDT by
It's already Friday, October 23, in Australia and New Zealand, which means some customers who purchased an iPhone 12 or 12 Pro already have their new devices in hand. We've seen dozens of reviews of the iPhone 12 and iPhone 12 Pro from media sites, but now first impressions from regular Apple customers are available. Image via MacRumors reader Boardiesboi New iPhone 12 and 12 Pro owners are...

Early iPhone 12 Tests Show Ceramic Shield is Stronger and More Scratch Resistant Than iPhone 11 Glass

Friday October 23, 2020 1:21 pm PDT by
Apple's new iPhone 12 models are protected by a Ceramic Shield cover glass that has nano-ceramic crystals infused right into the glass to improve durability. According to Apple, Ceramic Shield offers four times better drop protection than the glass used for the iPhone 11 models. YouTube channel MobileReviewsEh conducted some tests on the iPhone 12 using a force meter to compare its performance ...

Apple Distributing New Heated Display Removal Machine for iPhone 12 Repairs

Thursday October 22, 2020 6:20 pm PDT by
Apple is providing Genius Bars and Apple Authorized Service Providers with a new heated display removal fixture for iPhone 12 and iPhone 12 Pro repairs, according to information obtained by MacRumors from a reliable source. To open iPhone 12 models, technicians will be required to slide the device into a specialized tray, and then place the tray into the high-temperature fixture for two...

Apple VP Kaiann Drance Interview Addresses Battery Life, MagSafe, and Power Adapter Concerns

Friday October 23, 2020 3:37 am PDT by
Apple's Vice President of iPhone Marketing, Kaiann Drance, has provided a new interview to Rich DeMuro on the Rich on Tech Podcast, to discuss the iPhone 12 and iPhone 12 Pro. Although much of the interview repeated points from Apple's "Hi, Speed" event, there were a number of interesting tidbits regarding the affect of 5G on battery life, MagSafe concerns, and the lack of a power adapter in...

Teardown Video Confirms iPhone 12 and iPhone 12 Pro Use Same 2,815mAh Battery

Thursday October 22, 2020 9:47 am PDT by
With the iPhone 12 launching on Friday and in just a few hours to Australia and New Zealand, hands-on videos, teardowns, reviews, and other iPhone-related content has been coming out. A new teardown video delves into both the iPhone 12 and the 12 Pro, confirming battery life for both models and giving us a closer look at their internals. The video from Io Technology is in Chinese, but ...

Images of Supposed AirPods Diagnosis Tool Shared Online

Thursday October 22, 2020 5:24 am PDT by
Apple is reportedly rolling out a new tool to Apple service providers for testing AirPods, according to leaker known as "Fudge," who shared images of the tool on Twitter. Apple appears to be seeking to reduce unnecessary AirPods services by more accurately diagnosing the cause of a fault. Instances of a dirt-blockage, which may be difficult to ascertain visually, can apparently be...

New Photos Offer Better Look at iPhone 12 Color Options

Tuesday October 20, 2020 2:34 am PDT by
As we wait for the iPhone 12 review embargo to lift later today, more pictures are circulating of the devices in real-world lighting conditions, providing a better look at the different colors available. Leaker DuanRui has shared images on Twitter of the iPhone 12 in white, black, blue, green, and (PRODUCT)RED. The black and white colors are similar to the iPhone 11 colors, but the other...

Apple's AirTags Revealed in Newly Published Patent Applications

Thursday October 22, 2020 9:13 am PDT by
Two patent applications filed by Apple appear to depict the company's widely expected AirTags item trackers (via Patently Apple). The filings, which include a large number of images, are titled "Mounting Base for a Wirelessly Locatable Tag" and "Fastener with a Constrained Retention Ring," and describe a wirelessly locatable tag that can be used to determine the absolute location of an...

iPhone 11 Pro Outlasts iPhone 12 and 12 Pro in Extensive Battery Life Test

Friday October 23, 2020 8:36 am PDT by
Arun Maini today shared a new side-by-side iPhone battery life video test on his YouTube channel Mrwhosetheboss, timing how long the new iPhone 12 and iPhone 12 Pro models last on a single charge compared to older models, with equal brightness, settings, battery health, and usage. All of the devices are running iOS 14 without a SIM card inserted. In the test, the iPhone 11 Pro outlasted both ...

Apple Warns MagSafe Charger Can Leave Circular Imprints on Leather Cases

Friday October 23, 2020 3:23 pm PDT by
If you keep your iPhone in a leather case while charging with Apple's new MagSafe Charger, the case might show circular imprints from contact with the accessory, according to a new Apple support document published today. Apple's leather cases for the iPhone 12 and iPhone 12 Pro are not available until November 6, but a MacRumors reader has already shared a photo of a circular imprint on...