“One might argue we’re in danger right now, given the… unpredictable nature of these… ‘widgets’.” His eyes had stopped roaming. They found the judge and stayed… fixed, unblinking, the performance now stripped away.
Juniper’s chair scraped back as fury propelled her to her feet, but Daniel was already rising, his voice cutting through the tension like a blade.
“Your Honor,” he said, his voice arriving to fill what the room hadn’t known it was bereft of… direction, certainty…“opposing counsel is conflating two entirely separate cases while deliberately misrepresenting the 2051 findings.”
His shoulders squared as he continued, “The Eastern District specifically ruled that the disclosures in question resulted from human override of the ethical frameworks - the very frameworks Mr. Delaney designed to prevent such breaches.”
Several jurors’ expressions widened at this revelation. Roma turned… slowly… to regard Daniel. Held there a beat. Then returned his gaze forward as if the motion had cost him nothing.
Daniel pressed his advantage: “In fact, under 17 U.S.C. § 102(a), those protective algorithms are precisely what qualify for copyright protection - because they successfully prevented unauthorized access until manually bypassed by government operators.”
The silence that followed didn’t just hang there… it breathed, pressing against the walls like something waiting to be born. Roma’s calculated gambit had backfired, transforming his security argument into proof of the code’s ethical efficacy. Judge Donahue’s thoughtful expression suggested he hadn’t missed the implications.
Roma absorbed Daniel’s counter. His expression remained carved from something older than the room… quarried, ancient, immovable… giving exactly nothing back. 🗿 The face of a man who had decided blinking was optional. “Fascinating interpretation, counselor,” he said, moving toward the jury with a deliberate encroachment… “But since we’re discussing foundational precedent…”
He pivoted smoothly to face Delaney, his voice adopting a steely cadence that could unsettle even the most seasoned attorneys. “Mr. Delaney, are you well-versed in Diamond v. Chakrabarty from I think, 1980?”
Before any objection could be raised, Roma continued, “The Supreme Court found that while human-made living organisms could be patented, laws of nature and natural phenomena cannot.” His eyes locked onto Delaney’s. “Would you say your ethical frameworks attempt to codify natural human decision-making processes once executable?”