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“I don’t really know what you mean,” said Imani.
“MAP hired tech specialists to hack piracy websites, did it not?”
She hesitated. “On occasion.”
“Hacking somebody else’s website is a crime, is it not?”
“There are laws against it.”
“MAP implanted malware in dummy files on piracy websites, so that anyone who visited the website and downloaded pirated music would damage their computer.”
“I believe that was also done on occasion.”
“That was a crime.”
“Again, I think there may be some laws on that.”
“You don’t have much respect for the law, do you, miss?”
“Objection.”
“Withdrawn,” said Ellis. “I want to talk now about this apparent epiphany you experienced recently. Specifically, how the old Imani, who went so far as to break the law to stop piracy, became the ‘new Imani,’ the one who tells her fans to ‘go pirate.’”
“Is there a question?” asked Jack.
“My question is this,” said Ellis, and she took a step closer to the witness. “Isn’t it true that the piracy websites pay you a kickback for every Imani song illegally downloaded from the piracy sites?”
The courtroom erupted, and reporters were on the edge of their seats. Jack’s objection could barely be heard over the commotion.
“Order!” the judge shouted, banging his gavel until silence was restored.
Jack continued with his objection. “Judge, there is absolutely no basis for opposing counsel to make such a wild accusation against my client. I move that it be stricken from the record.”
“The question calls for a simple yes or no answer,” said Ellis. “We are entitled to know if piracy websites are paying Imani more for illegal downloads than her record label pays her for legal downloads. This question goes straight to her defense that her ‘go pirate’ campaign is protected by lofty notions of free speech.”
The judge was noticeably red in the face. “Ms. Ellis, I’ll not allow witnesses to be called to the stand simply so that the lawyers can make baseless accusations to grab headlines. You can recall the witness and continue this line of questioning only after you’ve introduced evidence and laid some foundation for the accusation. And let me add this much: some evidence had better be forthcoming to support the accusation you’ve already made. Am I understood?”
“Yes, Your Honor,” said Ellis.
“Good, now move on.”
“Judge, that’s all I have for now. I reserve the right to cross-examine the witness if Mr. Swyteck calls her to the stand as part of the defense case.”
“Fine,” said the judge. “Mr. Swyteck, do you have any questions for your client at this time?”
“Briefly,” said Jack, and he approached the witness. He could have deferred until later, but this war was being fought both in the courtroom and in the court of public opinion. He couldn’t let the explosive accusation stand without some rebuttal.
“Imani, please tell the court why you started your ‘go pirate’ campaign.”
“Things have changed since I formed MAP. Piracy isn’t the existential threat to the industry it used to be. In my opinion, music publishers, not pirates, are the real threat to artists.”
“What do you mean by that?”
“Here’s a good example. The royalties that streaming services and publishers are conspiring to enforce against songwriters are worse than in the days of piracy. I’m leading a charge for legislative reform. I started the ‘go pirate’ campaign simply to counter the millions of lobbying dollars the music industry spends on Capitol Hill to oppose any legislative change.”
“Is it fair to say that since your divorce from Shaky Nichols, your political action has been a thorn in the side of the music industry?”
“A ‘pain in the ass’ is what Shaky calls it.”
