@@bebop417 That is a very solid bet since it happen just south of Cleveland Ohio. My mom knew the stenographer and the lawyer with the mustache. If I remember correctly the case settled out of court a few months later.
The side glances at the defense attorney before most of the answers were a really great touch. Except for the screaming at the end, I'm sure this is exactly how it went down.
I read an excerpt from the prosecutor doing the deposition, he said he didnt get mad like the video and wanted the guy to keep feigning ignorance because it made him look very bad. The prosecutor never got frustrated.
@@bryonholdt6954 the prosecutor is asking a simple question. The witness made himself look and feel stupid. So sure, you can say that was the goal. Let me ask you, do you know what a prosecutor is?
@@bryonholdt6954 The guy was making himself look stupid. At any point he could have said "yes" and it was clear what was happening. He, at the coaching of his lawyer, made himself look stupid by trying to dodge a simple question.
If a word becomes too synonymous with the product it can lose its trademark. For example everyone calls medical bandages with adhesives "band-aids" regardless of if they are actually bandaid brand. They almost lost their trademark and they had to change some of their marketing.
g1enn Ah! That make sense. I am one of those that calls them band-aids. I used to view that as a good thing though, cause who ever want to find bandage, they will know the band-aids brand? But I see, it does lose the meaning behind their word sometime.
ExecutionStyleInc It was the funniest and satirical legal drama ever.It had quality dialogue,impressive actors(both leading and guest), captivating yet ridiculously engaging plots and terrific fastshots(like shaky cam) that worked dramedically.
The crazy thing I didn't realize until looking up more about the case: it was $2 per page... of a digital document. A file. Printed copies were still to be $2, which is still absurd.
“Greene and her staff based their charges on a state law that requires a $2-per-page fee to photocopy or fax documents. Based on that law, they argued that CDs containing copies of 104,000 pages of records should cost $208,000.”
+PictureEthiopia Stenographer! Not a typist! You don't want to see what happens when you call a stenographer a typist to their face, it's not pretty. It may be the last thing you ever do...
+wewd hahaha I'm tempted to try! But thanks for telling me! I'm an Ethiopian with a basic English knowledge so I have learnt something new today! The word Stenographer and not to call the stenographer a typist to their face.
I've watched it quite a few times, read the transcript, and researched a bit about this case. I'm not a lawyer, but this deposition is really fascinating. I try to ignore the presentation, because it is a dramatization. What I've noticed is that every time Mr. Marburger, the lawyer taking the deposition changed the phrasing of the questions, there was always a way for the recorder's office employee to weasel out of answering by claiming that he can't recall, doesn't understand, etc. I think that the phrasing was deliberate, that Mr. Marburger wanted to give the employee an out, so he could show how the witness was willing to play games, and to milk it as much as he thought was needed. When he was done milking, he phrased it in a way which didn't allow for more games. I know from an interview that Marburger was in fact very happy let it drag on. That he saw the value in 6 pages of games, and that he wasn't mad at all. On the contrary, this was the best outcome.
The case centered on whether making a copy of a CD that contained scanned paper records, could be considered "photocopying" since there was an explicit law governing the records office making photocopies of public records. This seems like an absurd argument but "photocopying" was not legally defined at the time. The lawyer tried to establish that the office employees had a fixed definition of what they considered to be a photocopier and they did not use these machines to copy the CDs. The witness was coached not to say that and tried to weasel out of the answer without outright lying. So the lawyer got a beautiful transcript that proved that the record office employees knew that the argument was bunk and were just trying to play games with word technicalities.
I hate it when people use brand names instead of the actual name of a product. It happens all the time, like q-tip, band-aid, hoover and people calling all soda Coke. God I hate them.
@@JMD501 Sometimes people genuinely don't know the actual name of the product. I have no idea what else you would call a band-aid in English. Hoover was a rather shortened and nicer word to say than a vacuum machine, or vacuumer. So it sticks. I have no idea why you specifically would hate that? You know what it means. They know what it means, and that is genuinely what language is about in general everyday conversation.
@@JMD501 i think its because brand names are so common and the first thing we see when we associate a word to a product, Kleenex, Q-Tip, Band-Aid, Pepsi (up here in the midwest, although we also call them pop, and the water fountains bubblers as Kohler had a fountain branded a bubbler and it was something common up here in the midwest) Example. As a kid we would want a facial tissue, but the box said kleenex, so that became our word for it. Also tv ad's
Man, that lawyer in the end in his seat is just like, "troll..." Woman was a great actor considering she never said anything but had the face of "I love my job. I wanna see where this is going". cudos to the whole cast
As a stenographer myself, however, it annoys the heck out of me that her machine is at like chest height. I'm sitting there going, "Do you want carpal tunnel syndrome? Because that's how you get carpal tunnel syndrome."
I work as the video guy in these depositions. I can say with 100% certainty this happens all the time. My job today was literally a reenactment of this skit, but the questioning attorney was twice as angry and the word in contention was "behalf".
@@servantprince behalf, or rather, bihalve, is an inherited Middle English word meaning "on the side of". its two components are " bī", meaning "by", and "haelfe", meaning "side". thus, the answer to your question is that half of behalf is 'side'.
Reality has always been absurd. We like to think large institutions are well oiled machines with very few hangups but the truth that the world is just directed chaos.
+MrShoe Considering that this actually happened and was captured via transcript, we are so lucky that Brett did a dramatic re-enactment word-for-word with it.
As a former Xerox employee who is currently an adjunct professor teaching critical thinking and argumentation, I find this Op-Docs short film extremely entertaining and so satisfying. Those last lines are just priceless, “WHAT DO YOU CALL THAT MACHINE?” “Xerox.” This is one of my favorite videos ever.
You'll be happy to know "Ksero" - which originated from Xerox - was the term used for photocopies in Poland. No one would ever call it a photocopy. It was Ksero.
When I came across this a few years ago, I emailed it to the TM Dept. In trying to clean my Outlook (a bit) I came across it again and will recirculate it to the new folks! 😁
@@fleeingglory4352 Way back in the day people used Xerox as a term for photocopiers in general. My near-retired high school biology teacher would say that she would be giving us a Zerox of the reading to take home.
Wow! That was one of the longest Xerox commercials I've ever seen! If advertising was as good as this, it wouldn't be so irritating! (Too bad it really wasn't an Ad)
In the actual deposition the opposing counsel used this and flipped it on his head. This is a brief dramatization involving over 11 pages of deposition testimony where he went on about this photocopy machine nonsense and made him seem like an imbecile in the eyes of the jury.
So between the gas bill for their Xerox Turbo and the lawsuits for injuries and deaths they had to raise their copy fee to $2/page. It all makes sense now...
Great video to show witnesses or people testifying what not to do under oath. If it looks like you are dodging a question, being obtuse or otherwise trying to be manipulative it turns the jury or the judge against your side. People really take issue with deceptive behavior, especially in a court of law.
This occurred during discovery, though. The facts of the case are still being collected. No judge nor jury. This kind of behavior is designed to completely stall legal proceedings.
@@luke_fabis He is still under oath during discovery. It could be used during trial if he, as a witness, changes his answers. It absolutely hurts their case to be this obtuse and it's kind of amazing that the other lawyer was in on this. The lawyer trying to bring in the literal technology for a term that clearly encompasses each of those technologies he is listing is amazingly bad lawyering.
The case involved a challenge to a new records policy by the Cuyahoga County Recorder’s Office in Ohio. According to Marburger, the county took the position that dubbing a CD containing thousands of pages should cost $2 for each digital page-about $5,000 for each dubbed CD. The plaintiff, Data Trace Information Services and Property Insight, was challenging the policy, the Times explains. About two years into the case, the Ohio Supreme Court said the CDs should be made available at a cost of $1 apiece.
+Aaron Crabtree I thought the same thing...I've dealt with a career-full of working with some insane (and inane) deponents and attorneys, and this had me chuckling throughout. Esp. the fact that this WASN'T a patent case, in which this back and forth is par for the course on virtually every "term of the art" being debated. But to be coached that well to deliver the equivalent of "not the best of my recollection" 100 times was magic. And infuriating. :)
@@ChrisBroyles33 But the defense lost the case xD. In fact part of the reason why they lost was that the opposing lawyer pretty much destroyed their credibility by showing how the defense is so unwilling to answer a simple question. The Ohio Supreme Court voted 7-0
A few weeks ago I went to the courthouse to clarify a property tax issue. The Assessor's office sent me to the Clerks office that sent me to the Treasurer's office to get copies of five pages of documentation, at $1 per page, to take back to the Assessors office and by the time I got out of the courthouse I had a $10 parking ticket for exceeding my time limit!
"I understand there are different kinds of photocopy machines, some under electric power, some under gas power..." Okay, it''s either me or him that doesn't know what a photocopy machine is, but I've never put gasoline in any device that copies paper.
You missed a part there, he said there are different kinds like there are different kinds of cars, some with gas, some under electrical power, as in the cars, not the copiers.
The confusion is understandable if the deposition was being held in the late-1960's or 1970's. The term photocopier did not come into common use until the early 1980's. Xerox machine and Xerox copy were the terms used until then.
That's hilarious! My guess is the other side wanted to justify the hefty fee by saying that it wasn't for normal photocopying, it was for another technology that could justify the higher cost. So when the lawyer goes right in and asks if there are photocopy machines there then a direct answer can't be given as it would be admitting that the service is just photocopying.
Close. The plaintiff had requested records and the county was charging $2 per page to photocopy. But the records were all on a disc; there was no photocopying involved. So the county was trying to charge $2 per page copied to the new disc. You can fit thousands of pages on a disc... They lost the case and now charge a buck or two per disc instead of per page.
The somewhat sad thing is, I can understand how the guy being questioned in the actual deposition could be befuddled, if he was a simple-minded person who had only worked in the one office where they had never called photocopying "photocopying" and had only called it "xerox". I've been in office situations where everyone says "Can you Xerox" something and never once heard the word photocopier. As the lawyer, I would not have insulted the intelligence of the person being questioned. I would have jumped straight to, "Do you have a machine where you put in a paper document, and out comes additional copies of that document on new pieces of paper?" "Yes." "What do you call that?" "Xerox". Done.
the lawyer is not trying to insult this mans intelligence. hes trying to figure out and prove that their office didn't have machines required for work. when he noticed the man didnt know what exactly a photo copier was he decided to approach it as 'then you must not have one' but because the man literally avoided every question, the answer was never reached. honestly the nervous guy was annoying for doing that, he acted like hed get in trouble for saying he didn't know what a photo copier was.
This is a clear example of witness coaching. That witness or defendant whatever he is that can't answer what is and isn't a photocopier using very specific language over and over again is clear evidence that he was coached by the lawyer on what to say and how to say stuff.
@@MenacingBanjo I meant this type of situation is common. I wasn't questioning whether this script is from a real case. I guess the use of "accurate" was confusing.
How is John Ennis not the top credit for this? He's listed behind: -Director -Executive Producer -The three Weiner producers and Dana Wickens -Coordinating Producer -SERIES RESEARCHER (come on) -Cinematographer -Editor -Associate Producers x2 and finally... The Cast LOL, Dude give credit where credit is due. He made this entire thing watchable imo.
It wasn't that he wanted to prove that the questioning guy wanted to prove that the witness didn't know what a photocopy is, it's that the questioning guy wanted the witness to use the legal term "photocopy," which was specifically established that a photocopy would be subject to fees per page. With as much pages that a large office would go through, the fees would be large. However, the witness manages to skillfully avoid the questioning guy's attempt to get him to using the legal term "photocopy" in regards to what he was doing.
I don't think that's quite correct. The case was about the office wanting to charge per photocopy page, so the terminology would have been previously established. For the Recorder's Office to charge for something, they have to display the information. Whether they call it a photocopy or Xerox, the Recorder's Office would have used their preferred nomenclature. Arguing terms is a loophole to get out of the fee. It may even be that both lawyers know that "photocopy" is and has always been used in procedure and policy documentation due to being the commonly used and legally correct term. A problem is that the clerk can't evade the question without being incompetent. Either he is so bad at his job that he has no idea what a photocopier is, or the office is charging for something that they technically don't know they do. And we really don't know the importance of the question, which was just if their office has photocopier machines. Based on the previous question about where electronic copies are stored, it was probably just to establish basic facts to be used in the trial. As it's a deposition, the clerk's testimony is being entered as expert witness evidence. His inability to answer the question destroys his credibility and can be used as an indicator of knowledge within the office.
I worked for Xerox Corp, in Xerox Tower in Rochester NY and in the HQ campus on Long Ridge Road in Stamford CT. One does not “Xerox” a document, one uses a Xerox Photocopier machine to make a photocopy of an item.
This is the funniest and funniest real life event ... that I have ever seen -- it makes me chuck like once a week of other silly things I deal with. Also, this actor ... performs it perfectly.
Genericization: The process in which a trademark or proprietary name becomes widely perceived as a common noun or verb describing the type of product or service, often losing brand recognition as a consequence.
Why would he not know the term photocopier but know the brand/company name Xerox, that's insanity. That's like knowing the brand "Canon" or "Nikon" but not knowing the word "Camera"
i'm a copier technician. the term photocopier is like saying automobile to describe a car. it's ancient terminology. copier would have been a better term but i get that the gentleman being deposed was clearly stalling and didn't want to answer the question.
I love the little excerpt shown during the credits as well, this case must be a goldmine: "I don't envision myself as an official supervisor for the Recorder's office", wtf do they mean, "envision"?!
I've been employed in lots of offices and made, literally, tens of thousands of photocopies but I don't think I've ever used the terms "photocopy" or "photocopier". I would say "copy" and "copier".
True story: I was once asked by a supervisor to "take a picture" of a document and put the picture on her desk. When she discovered the Polaroid on her desk later that day I was fired because she believed I used the Polaroid to mock her for calling a photocopy a picture.
Sebastian if you look in the credits in the outro there is a line with the name of the person who was responsible for the music. Perhaps look them up and get in touch with them to see about obtaining a copy?
Posted this to Facebook with these comments: - - - - - There are no words to describe how freaking brilliant this is. Director Brett Weiner created a film whose script is, verbatim, a portion of a civil suit deposition dealing with photocopiers. It's absurd and hilarious--and frightening to know that this is the stuff that goes on in our courts. It's lit and shot like a thriller feature, well directed and well cut. But the performances make it. They're all home runs. Arguably, the court reporter has the best role--even though she never says a word, she gets in reaction shots that are sublime perfection. This short should be making the rounds at the festivals. Watch and enjoy.
kinda saw this coming, though granted it's because I used to work for Epson and talked to the Xerox guys a lot and they were having an issue where Xerox was in danger of being ruled as a generic word that's a synonym for photocopying and the reps were told to actively discourage customers from using Xerox as a verb. "you cannot Xerox a document, but you can use a Xerox machine to copy or manage your documents" was what they were supposed to say. that was around 2004 ish
the crazy thing is, the interviewee actually handled the question brilliantly. he knew where the questions were heading and knew he had to impede the battery of questions as much as possible
It's actually cited as the reason they lost this case. This destroyed this witness's credibility and made it obvious he was being coached to avoid telling basic facts. Nobody baught it, and doing this backfired massively while wasting thousands of public dollars. www.cleveland.com/cuyahoga-county/2012/02/cuyaoga_county_loses_copier_case.html
I work as tech support for a HVAC components manufacturer. We don't build your furnaces, we build a lot of the little gadgets that make your furnace work. Everyday I have a moment like this with a customer, a professional technician. It's nuts on how ignorant people are. This morning I explained 5 times to a customer how a switch works. Think of a light switch, that's what I'm talking about. On or off, that's it. People can be dense.
An argument so absurd it could have only happened in real life.
i'm willing to bet my life this happened in america
@@bebop417 That is a very solid bet since it happen just south of Cleveland Ohio. My mom knew the stenographer and the lawyer with the mustache. If I remember correctly the case settled out of court a few months later.
well what was the result. dont leave us hanging :D
Exactly ! I would have found it far-fetched if it was not from a real deposition.
@@bebop417 you think you're so smart yet you couldn't read the intro where it says where it happened.
A perfect example where a defense attorney has coached a witness to the point they don't know what to do
The side glances at the defense attorney before most of the answers were a really great touch. Except for the screaming at the end, I'm sure this is exactly how it went down.
I read an excerpt from the prosecutor doing the deposition, he said he didnt get mad like the video and wanted the guy to keep feigning ignorance because it made him look very bad. The prosecutor never got frustrated.
@@TalonX_X So the prosecutor admitted that he was trying to make the guy look and feel stupid (as the guy mentioned). Not a good look
@@bryonholdt6954 the prosecutor is asking a simple question. The witness made himself look and feel stupid. So sure, you can say that was the goal. Let me ask you, do you know what a prosecutor is?
@@bryonholdt6954 The guy was making himself look stupid. At any point he could have said "yes" and it was clear what was happening. He, at the coaching of his lawyer, made himself look stupid by trying to dodge a simple question.
The performances in this are just phenomenal.
This was more gripping than any courtroom drama I've ever seen!
so true
who plays the prosecutor? man he's good!
@@julesnominal1804 its almost as if there are credits at the end of the clip...
@@DDPK Wen you say "end of the clip", what do you mean?
This can be a great commercial for xerox, with a punch line "it's not a photocopying machine, it's a xerox."
You wouldn't want to do that if you are xerox. It's a good way to lose your trademark on the name.
g1enn
Not sure how that make them lose their trademark, but then what do I know about business practise.
How does a registered trademark become lost?
If a word becomes too synonymous with the product it can lose its trademark. For example everyone calls medical bandages with adhesives "band-aids" regardless of if they are actually bandaid brand. They almost lost their trademark and they had to change some of their marketing.
g1enn
Ah! That make sense. I am one of those that calls them band-aids. I used to view that as a good thing though, cause who ever want to find bandage, they will know the band-aids brand? But I see, it does lose the meaning behind their word sometime.
+kiyomiku I just wanted to say, have a good day. You deserve it
Why can't this be a series, a entire show based on an attorney dealing with moronic cases and depositions day in day out.
Such a show ended-Boston legal
Victor K Borona
watched it, that show as crappy, The practice was good though.
M7JS2IR9Q26 - Yeah grandma
ExecutionStyleInc It was the funniest and satirical legal drama ever.It had quality dialogue,impressive actors(both leading and guest), captivating yet ridiculously engaging plots and terrific fastshots(like shaky cam) that worked dramedically.
It is a series - the Verbatim series, of which you've watched one instalment.
The crazy thing I didn't realize until looking up more about the case: it was $2 per page... of a digital document. A file. Printed copies were still to be $2, which is still absurd.
“Greene and her staff based their charges on a state law that requires a $2-per-page fee to photocopy or fax documents. Based on that law, they argued that CDs containing copies of 104,000 pages of records should cost $208,000.”
@@Matrim42 Sorry, photocopy?
Here from legal eagle. Glad for a new distraction!
same. this did not disappoint!
Same! Well worth it!
It became recommended to me shortly after watching legal eagle.
@@wsadqwer110 Let it be known that today the Eagles changed the algorithm.
Me too and just phenomenal stuff here!
I love the look the typist gives!
+PictureEthiopia Indeed. She killed me in this. Hats off to Emily! :)
+PictureEthiopia Stenographer! Not a typist! You don't want to see what happens when you call a stenographer a typist to their face, it's not pretty. It may be the last thing you ever do...
Court reporter...
+wewd hahaha I'm tempted to try! But thanks for telling me! I'm an Ethiopian with a basic English knowledge so I have learnt something new today! The word Stenographer and not to call the stenographer a typist to their face.
+Kathyn Bostrom stenographer...
I've watched it quite a few times, read the transcript, and researched a bit about this case. I'm not a lawyer, but this deposition is really fascinating.
I try to ignore the presentation, because it is a dramatization. What I've noticed is that every time Mr. Marburger, the lawyer taking the deposition changed the phrasing of the questions, there was always a way for the recorder's office employee to weasel out of answering by claiming that he can't recall, doesn't understand, etc. I think that the phrasing was deliberate, that Mr. Marburger wanted to give the employee an out, so he could show how the witness was willing to play games, and to milk it as much as he thought was needed. When he was done milking, he phrased it in a way which didn't allow for more games.
I know from an interview that Marburger was in fact very happy let it drag on. That he saw the value in 6 pages of games, and that he wasn't mad at all. On the contrary, this was the best outcome.
The case centered on whether making a copy of a CD that contained scanned paper records, could be considered "photocopying" since there was an explicit law governing the records office making photocopies of public records. This seems like an absurd argument but "photocopying" was not legally defined at the time. The lawyer tried to establish that the office employees had a fixed definition of what they considered to be a photocopier and they did not use these machines to copy the CDs. The witness was coached not to say that and tried to weasel out of the answer without outright lying. So the lawyer got a beautiful transcript that proved that the record office employees knew that the argument was bunk and were just trying to play games with word technicalities.
@@przemekkozlowski7835 This witness was also overcoached.
I hate it when people use brand names instead of the actual name of a product. It happens all the time, like q-tip, band-aid, hoover and people calling all soda Coke. God I hate them.
@@JMD501 Sometimes people genuinely don't know the actual name of the product.
I have no idea what else you would call a band-aid in English.
Hoover was a rather shortened and nicer word to say than a vacuum machine, or vacuumer. So it sticks.
I have no idea why you specifically would hate that? You know what it means. They know what it means, and that is genuinely what language is about in general everyday conversation.
@@JMD501 i think its because brand names are so common and the first thing we see when we associate a word to a product, Kleenex, Q-Tip, Band-Aid, Pepsi (up here in the midwest, although we also call them pop, and the water fountains bubblers as Kohler had a fountain branded a bubbler and it was something common up here in the midwest)
Example. As a kid we would want a facial tissue, but the box said kleenex, so that became our word for it. Also tv ad's
Depends on the definition of "is."
+Meredith Dickenson your legal references are on point
+Meredith Dickenson Can you define "definition"?
+Meredith Dickenson I identify as a photocopier and I resent your implied definition of "is"
Nice
+Merry Murphy Depends on the definition of "definition".
Man, that lawyer in the end in his seat is just like, "troll..."
Woman was a great actor considering she never said anything but had the face of "I love my job. I wanna see where this is going".
cudos to the whole cast
Should have gotten an Oscar!
Yup, the Stenographers first take is a joy.
As a stenographer myself, however, it annoys the heck out of me that her machine is at like chest height. I'm sitting there going, "Do you want carpal tunnel syndrome? Because that's how you get carpal tunnel syndrome."
Why do you have a playlist called blaq?
I work as the video guy in these depositions. I can say with 100% certainty this happens all the time. My job today was literally a reenactment of this skit, but the questioning attorney was twice as angry and the word in contention was "behalf".
🤣 That is hilarious! It’s been 2 years. Can you give us some context?
What is the half of behalf ?
@@servantprince Surely it's "bequarter". Or perhaps, it's "beh" or "alf"?
@@servantprince behalf, or rather, bihalve, is an inherited Middle English word meaning "on the side of". its two components are " bī", meaning "by", and "haelfe", meaning "side". thus, the answer to your question is that half of behalf is 'side'.
I want a gas-powered photocopier.
I think Konica discontiued them, I'm gonna check this.
Just don't get into an accident with one. Those higher pages per gallon come at the expense of crash safety!
Somebody call Colin Furze
SORRY, WHAT DID YOU SAY, I CAN'T HEAR YOU OVER THE SOUND OF MY GAS POWERED PHOTOCOPIER?
dieselpunk
The acting in this was amazing!
Emmy bait :-)
The Onion will go bankrupt if reality keeps catching up
Check out Titania McGraths book. She said things like Mother Tersa was a white supremacist years before the twitter mob got there.
Reality has always been absurd.
We like to think large institutions are well oiled machines with very few hangups but the truth that the world is just directed chaos.
This is probably the single greatest punchline to any comedy video ever.
+MrShoe Considering that this actually happened and was captured via transcript, we are so lucky that Brett did a dramatic re-enactment word-for-word with it.
Two years later and it's still the bet punchline of all time
Four years later and it's still the best punchline of all time.
Kyle Dalton thank you for your service this country commends your efforts
Four years later and I'm still sending it to people
Five years later and I'm still laughing about it
Two years later and you still haven't fixed that typo
Came here from LegalEagle, was not disappointed
Me too. uh man. This was pure gold.
@@SamN234 the social network review
@@SamN234 ruclips.net/video/TlOpkgM_WHY/видео.html
Same!
Same!
"are there any photocopiers?"
"what type? I can list off 20 different types, please distinguish-"
"....literally any, buddy."
The answer to ‘are there any photocopiers” is not ‘what type’, it’s either ‘yes’, ‘no’ or ‘I don’t know’.
@@howardtreesong4860 And the answer was "I don't want to answer that, so I will do my best to say I don't know without lying."
As a former Xerox employee who is currently an adjunct professor teaching critical thinking and argumentation, I find this Op-Docs short film extremely entertaining and so satisfying. Those last lines are just priceless, “WHAT DO YOU CALL THAT MACHINE?” “Xerox.” This is one of my favorite videos ever.
That is so oddly specific to this video and I love it 🤣
As a former Xerox mid range tech it made me smile too lmao. Now I work on Konica's and the teachers at my district call them Xeroxes
You'll be happy to know "Ksero" - which originated from Xerox - was the term used for photocopies in Poland. No one would ever call it a photocopy. It was Ksero.
Bot?
When I came across this a few years ago, I emailed it to the TM Dept. In trying to clean my Outlook (a bit) I came across it again and will recirculate it to the new folks! 😁
"Do you have facial tissue at the office?"
"What do you mean by facial tissue?"
"What paper do you blow your nose with?"
"Kleenex"
EXACTLY
Well that's reasonable because I've seen poeple use Kleenex as a term for facial tissue. This is craziness
- The French
@@fleeingglory4352 Way back in the day people used Xerox as a term for photocopiers in general. My near-retired high school biology teacher would say that she would be giving us a Zerox of the reading to take home.
The lawyer with the mustache is John Ennis. He is like an undercover actor; incredibly talented but very under rated. He was VERY funny on 'Mr. Show'
Wow! That was one of the longest Xerox commercials I've ever seen! If advertising was as good as this, it wouldn't be so irritating! (Too bad it really wasn't an Ad)
I hope you have kids
Eh, imagine if it kept replaying interrupting whatever show you were watching though...
Anthony S-6: One viewing was plenty for me. Some people are masochists, I guess.....",hint, hint, nudge, nudge."
Regarding the photocopy machines ..."Some of them are under gas power.." . Priceless
The employee was clearly briefed by the corporate attorney to avoid answering the question in principle!
In the actual deposition the opposing counsel used this and flipped it on his head. This is a brief dramatization involving over 11 pages of deposition testimony where he went on about this photocopy machine nonsense and made him seem like an imbecile in the eyes of the jury.
It's a joke, folks. Stop trying to analyze it.
@@fuckgoogle6716It's not a joke. It's a transcript from a real deposition.
Gas-powered photocopier? What world does he live in?
+Caleb B Maybe he's spends so much time passed out from carbon monoxide fumes he can't remember anything that's been said
So between the gas bill for their Xerox Turbo and the lawsuits for injuries and deaths they had to raise their copy fee to $2/page. It all makes sense now...
ruclips.net/video/5XAeMKcmMmY/видео.html
there's a photocopy principle of gas emulsion, it's old but was working, there should be something on wiki bout it.
He is actually describing cars at that point. You can hear him say there are different types of machines like there are different cars.
I love the stenographer's cool and calm throughout the entire exchange
Great video to show witnesses or people testifying what not to do under oath. If it looks like you are dodging a question, being obtuse or otherwise trying to be manipulative it turns the jury or the judge against your side. People really take issue with deceptive behavior, especially in a court of law.
This occurred during discovery, though. The facts of the case are still being collected. No judge nor jury.
This kind of behavior is designed to completely stall legal proceedings.
The case never went to trial. Given that this appears to be a defending witness, this was perfect.
@@luke_fabis He is still under oath during discovery. It could be used during trial if he, as a witness, changes his answers. It absolutely hurts their case to be this obtuse and it's kind of amazing that the other lawyer was in on this. The lawyer trying to bring in the literal technology for a term that clearly encompasses each of those technologies he is listing is amazingly bad lawyering.
They won the case because of this behaviour....
If he talked it would have been bad for them.
@@coolspider295 The defense did not win this case.
I could easily picture John Malkovich playing the part of the attorney conducting the deposition.
The case involved a challenge to a new records policy by the Cuyahoga County Recorder’s Office in Ohio. According to Marburger, the county took the position that dubbing a CD containing thousands of pages should cost $2 for each digital page-about $5,000 for each dubbed CD. The plaintiff, Data Trace Information Services and Property Insight, was challenging the policy, the Times explains. About two years into the case, the Ohio Supreme Court said the CDs should be made available at a cost of $1 apiece.
More than that, some of the CDs they wanted to charge hundreds of thousands of dollars for.
So how much would they charge for each book-on-tape cassette tape? By the page?
This is literally one of the greatest bits of modern comedy. It is 7 minutes of the greatest slow build to the most amazing punchline. 🤣🤣🤣
This is one of the greatest things I've ever watched...
I especially love the interjection by the frustrated lawyer: "NO!? Not sure of that?"
That's a very well-coached deponent.
+Aaron Crabtree I thought the same thing...I've dealt with a career-full of working with some insane (and inane) deponents and attorneys, and this had me chuckling throughout. Esp. the fact that this WASN'T a patent case, in which this back and forth is par for the course on virtually every "term of the art" being debated. But to be coached that well to deliver the equivalent of "not the best of my recollection" 100 times was magic. And infuriating. :)
@@ChrisBroyles33 But the defense lost the case xD. In fact part of the reason why they lost was that the opposing lawyer pretty much destroyed their credibility by showing how the defense is so unwilling to answer a simple question. The Ohio Supreme Court voted 7-0
@@ravenblood1954 in 6:15 the video says the case never went to trial.
Can you explain :)?
@@dmarsub After googling "Cuyahoga county Ohio recorder office case", you'll find www.cleveland.com/cuyahoga-county/index.ssf/2012/02/cuyaoga_county_loses_copier_case.html
@@dmarsub might have been summary judgment instead of trial
Back to watch this again, the stenographers reactions alone are next level.
Can we get a series of these? This was hilarious
Every few years this pops back up in my recommended; it is one of my favourite things of all time
OMG THIS WAS AMAZING. it's like a David Mamet play
+bicyclethief but in real life!
For sure, it reminds me of the "will you go to lunch?" bit in Glengarry Glenn Ross where the two characters just keep repeating themselves.
The second lawyer is so underrated in this . He's loving it.
It's funny because the other lawyer says the words "Xerographic technology" during this haha
which is a photocopy principle, but not on their Xerox® equipment.
I come back to this every few months. Probably the best modern story ever told.
That was funnier than most SNL skits.
As an IT professional, I am that lawyer every day.
A few weeks ago I went to the courthouse to clarify a property tax issue. The Assessor's office sent me to the Clerks office that sent me to the Treasurer's office to get copies of five pages of documentation, at $1 per page, to take back to the Assessors office and by the time I got out of the courthouse I had a $10 parking ticket for exceeding my time limit!
Best. Xerox(tm) commercial. Ever.
This is the best episode of WKUK yet!
Actually, yeah, in real life the lawyer wouldn't be that mad, he'd probably would be ecstatic because this argument literally proves his point.
This IS a real life transcript. The deponent had been overcoached.
This was so stressful.
OMG! That was absolutely brilliant; I was actually expecting him to say 'mimeograph'; however, that may be aging myself...
And the thing is.... its real. This actually happened to a poor lawyer
@@Fede_uyz Meh. They could use some comeuppance.
One of the best videos on RUclips. The acting it fantastic ⭐⭐⭐⭐⭐
"I understand there are different kinds of photocopy machines, some under electric power, some under gas power..."
Okay, it''s either me or him that doesn't know what a photocopy machine is, but I've never put gasoline in any device that copies paper.
You missed a part there, he said there are different kinds like there are different kinds of cars, some with gas, some under electrical power, as in the cars, not the copiers.
The confusion is understandable if the deposition was being held in the late-1960's or 1970's. The term photocopier did not come into common use until the early 1980's. Xerox machine and Xerox copy were the terms used until then.
That's hilarious! My guess is the other side wanted to justify the hefty fee by saying that it wasn't for normal photocopying, it was for another technology that could justify the higher cost. So when the lawyer goes right in and asks if there are photocopy machines there then a direct answer can't be given as it would be admitting that the service is just photocopying.
Close. The plaintiff had requested records and the county was charging $2 per page to photocopy. But the records were all on a disc; there was no photocopying involved. So the county was trying to charge $2 per page copied to the new disc. You can fit thousands of pages on a disc... They lost the case and now charge a buck or two per disc instead of per page.
The somewhat sad thing is, I can understand how the guy being questioned in the actual deposition could be befuddled, if he was a simple-minded person who had only worked in the one office where they had never called photocopying "photocopying" and had only called it "xerox". I've been in office situations where everyone says "Can you Xerox" something and never once heard the word photocopier. As the lawyer, I would not have insulted the intelligence of the person being questioned. I would have jumped straight to, "Do you have a machine where you put in a paper document, and out comes additional copies of that document on new pieces of paper?" "Yes." "What do you call that?" "Xerox". Done.
the lawyer is not trying to insult this mans intelligence. hes trying to figure out and prove that their office didn't have machines required for work. when he noticed the man didnt know what exactly a photo copier was he decided to approach it as 'then you must not have one' but because the man literally avoided every question, the answer was never reached. honestly the nervous guy was annoying for doing that, he acted like hed get in trouble for saying he didn't know what a photo copier was.
"XEROX" I keeled over laughing.
This is a clear example of witness coaching. That witness or defendant whatever he is that can't answer what is and isn't a photocopier using very specific language over and over again is clear evidence that he was coached by the lawyer on what to say and how to say stuff.
8 years later, this is still my favorite video on the internet
This is so accurate it's crazy. I've been in depos like this with witnesses just as evasive as this guy.
I mean... it's accurate because the script is taken from a real depo verbatim.
@@MenacingBanjo I meant this type of situation is common. I wasn't questioning whether this script is from a real case. I guess the use of "accurate" was confusing.
Our professor used this very video for class today... and never have I laughed so hard.
This would happen if someone talked about a Kleenex vs a tissue.
in your experience, have you or anyone in your office ever used a thin layer of paper to expedite the process of vacating mucus from their sinuses?
+slayer1am I don't understand thin layer of paper... we use office supplied thin cloth to vacate mucus from sinuses.
teckelred I'm not sure I heard you correctly. Are you telling me, on record, that you do NOT know the definition of "mucus"?
Next to the Pentagon Papers, this is the greatest thing ever to come out of the New York Times.
How is John Ennis not the top credit for this? He's listed behind:
-Director
-Executive Producer
-The three Weiner producers and Dana Wickens
-Coordinating Producer
-SERIES RESEARCHER (come on)
-Cinematographer
-Editor
-Associate Producers x2
and finally...
The Cast
LOL, Dude give credit where credit is due. He made this entire thing watchable imo.
$10 says the Client was coached by his lawyer to be deliberately vague and unhelpful.
I'd hope not, since his bumbling testimony lead to them losing the case...
This witness is perfect. Every defense attorney could only dream. What an apparatchik....dude understands the law better than the prosecutor.
He was a clerk.
Also, the guy asking the questions could have just defined it like he did at the end and saved himself an issue.
He didn't define it because he wanted to prove that the guy didn't know what a photocopier is.
It wasn't that he wanted to prove that the questioning guy wanted to prove that the witness didn't know what a photocopy is, it's that the questioning guy wanted the witness to use the legal term "photocopy," which was specifically established that a photocopy would be subject to fees per page. With as much pages that a large office would go through, the fees would be large. However, the witness manages to skillfully avoid the questioning guy's attempt to get him to using the legal term "photocopy" in regards to what he was doing.
I don't think that's quite correct. The case was about the office wanting to charge per photocopy page, so the terminology would have been previously established. For the Recorder's Office to charge for something, they have to display the information. Whether they call it a photocopy or Xerox, the Recorder's Office would have used their preferred nomenclature. Arguing terms is a loophole to get out of the fee. It may even be that both lawyers know that "photocopy" is and has always been used in procedure and policy documentation due to being the commonly used and legally correct term. A problem is that the clerk can't evade the question without being incompetent. Either he is so bad at his job that he has no idea what a photocopier is, or the office is charging for something that they technically don't know they do. And we really don't know the importance of the question, which was just if their office has photocopier machines. Based on the previous question about where electronic copies are stored, it was probably just to establish basic facts to be used in the trial. As it's a deposition, the clerk's testimony is being entered as expert witness evidence. His inability to answer the question destroys his credibility and can be used as an indicator of knowledge within the office.
This is my favorite short film. Met the makers a couple years ago at a film festival.
Honestly, I have never I heard anyone call a copy machine a "photo copying" machine.
but if someone did, is there any chance you would be confused as to what they meant?
I worked for Xerox Corp, in Xerox Tower in Rochester NY and in the HQ campus on Long Ridge Road in Stamford CT. One does not “Xerox” a document, one uses a Xerox Photocopier machine to make a photocopy of an item.
The guy being deposed is a guy who understand depositions and law. Good for him.
Or he catches an obstruction of justice beef
This is the funniest and funniest real life event ... that I have ever seen -- it makes me chuck like once a week of other silly things I deal with.
Also, this actor ... performs it perfectly.
This would make a great opening scene for a movie
The Green Baron Or ending.
God, I love all of the performances, but the stenographer is great. She doesn't say a word, but you can tell all of her emotions.
The stenographer is hilarious.
I don't understand.
@@dLimboStick they're referring to the woman taking notes
@@maina.wambui I don't understand, what do you mean by woman
@@quelorepario Let me make sure I understand your question. You don't have an understanding of what a woman is?
This is so good! Totally surprised to see this kind of content from NYT.
John Ennis (the frustrated lawyer here) plays the guy pretending to be the arbitration judge in the final season of Better Call Saul. Legend!
He was in mr show with bob odenkirk so I’m sure they’re still buddies !
give this guy an emmy
I really NEED, with every fiber of my being, to see this play out on TV as a commercial for Xerox
Genericization: The process in which a trademark or proprietary name becomes widely perceived as a common noun or verb describing the type of product or service, often losing brand recognition as a consequence.
Why would he not know the term photocopier but know the brand/company name Xerox, that's insanity. That's like knowing the brand "Canon" or "Nikon" but not knowing the word "Camera"
i'm a copier technician. the term photocopier is like saying automobile to describe a car. it's ancient terminology. copier would have been a better term but i get that the gentleman being deposed was clearly stalling and didn't want to answer the question.
I have long since disavowed the existence of photocopiers. This only proves my conviction that these devices don't exist.
I love the little excerpt shown during the credits as well, this case must be a goldmine: "I don't envision myself as an official supervisor for the Recorder's office", wtf do they mean, "envision"?!
NYT, please for the love of all that is good and decent, make more of this Verbatim series!
Attorneys most favourite youtube video.
LOL this is awesome! Well done Times!
I've been employed in lots of offices and made, literally, tens of thousands of photocopies but I don't think I've ever used the terms "photocopy" or "photocopier". I would say "copy" and "copier".
RT Podcast video of the year
True story: I was once asked by a supervisor to "take a picture" of a document and put the picture on her desk.
When she discovered the Polaroid on her desk later that day I was fired because she believed I used the Polaroid to mock her for calling a photocopy a picture.
lmao she deserved to be mocked, a copy and a picture are completely different
John Ennis. Killing the angry characters since Mr. Show in '94.
Can you make more of these please? they brighten my day
I really want a full version of that outro music
Sebastian if you look in the credits in the outro there is a line with the name of the person who was responsible for the music. Perhaps look them up and get in touch with them to see about obtaining a copy?
Thanks to Max Nelson for finding it.
soundcloud.com/jordansthings/music-composed-for-the-short-film-verbatim
Absolutely fantastic every single time
Posted this to Facebook with these comments:
- - - - -
There are no words to describe how freaking brilliant this is. Director Brett Weiner created a film whose script is, verbatim, a portion of a civil suit deposition dealing with photocopiers. It's absurd and hilarious--and frightening to know that this is the stuff that goes on in our courts. It's lit and shot like a thriller feature, well directed and well cut. But the performances make it. They're all home runs. Arguably, the court reporter has the best role--even though she never says a word, she gets in reaction shots that are sublime perfection. This short should be making the rounds at the festivals. Watch and enjoy.
This felt like a Super Bowl commercial. I haven't laughed this hard in a while and am literally in tears right now.
Oh look it's Ki's dad from VGHS :D
OMG I KNEW I RECOGNIZED THE GUY.
Jesse Brauning BROOMSHAKALAKA
That's where he was from! I couldn't figure it out! Thanks!
+eldes200 THANK YOU!
kinda saw this coming, though granted it's because I used to work for Epson and talked to the Xerox guys a lot and they were having an issue where Xerox was in danger of being ruled as a generic word that's a synonym for photocopying and the reps were told to actively discourage customers from using Xerox as a verb. "you cannot Xerox a document, but you can use a Xerox machine to copy or manage your documents" was what they were supposed to say. that was around 2004 ish
And in that moment, the funniest line in the world was
"Xerox."
3:42 this is cold as ice and the best line in the video
the crazy thing is, the interviewee actually handled the question brilliantly. he knew where the questions were heading and knew he had to impede the battery of questions as much as possible
It's actually cited as the reason they lost this case. This destroyed this witness's credibility and made it obvious he was being coached to avoid telling basic facts. Nobody baught it, and doing this backfired massively while wasting thousands of public dollars.
www.cleveland.com/cuyahoga-county/2012/02/cuyaoga_county_loses_copier_case.html
I work as tech support for a HVAC components manufacturer. We don't build your furnaces, we build a lot of the little gadgets that make your furnace work. Everyday I have a moment like this with a customer, a professional technician. It's nuts on how ignorant people are.
This morning I explained 5 times to a customer how a switch works. Think of a light switch, that's what I'm talking about. On or off, that's it. People can be dense.
But he is being intentionally dense.
This should be an ad for Xerox
I had a bank teller once tell me that, although a fax was acceptable proof of something, a photocopy was not.