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Napster’s lawyers had met with Parker beforehand and gone over what they thought would be the worst documents to surface, prepping him on his responses. Later, Parker said that they had missed the two that were the worst of all. In the same San Francisco law office where Shawn had breezed through his own deposition, Borkowski sat down and ran through Parker’s abbreviated education and career history. As soon as he got to Parker’s role at Napster, Borkowski sensed him growing evasive. Asked for his job title, Parker said he had never had one. “Let me ask you this,” Borkowski said. “Do you have a Napster business card?” Parker said yes. “What does it say on it?” “It says ‘founder,’” Parker replied. Asked if the title were appropriate, Parker hedged. “It’s the most fitting title at this point, for lack of a better one,” he said.

More and more, Parker’s nerves began showing through his stoic exterior. “As part of your duties for Napster,” Borkowski asked, “have you been involved in any drafting of any business plans or proposals?” “It’s possible,” Parker said. “But do you recall doing any of it?” Napster lawyer Laurence Pulgram butted in to establish an objection: “Vague.” Annette Hurst chimed in as well: “Overbroad.” As if following a cue, Parker asked: “What’s ‘it’?”

“Drafting or being involved in the drafting of any business plans or business proposals,” Borkowski said with building irritation.

Hurst: Compound, vague.
Parker: Could you rephrase the question?
Borkowski: What about it are you having trouble with?
Parker: Could you repeat the question?

The court reporter read it back.

Parker: What do you mean by “involved in?”
Borkowski: Participate in any way.
Hurst: I still think it’s vague as to business plans or business proposals.
Parker: I don’t recall contributing anything to any business plans.

Like Shawn, Parker had a hard time recalling any specific downloads of MP3 files to his own computer. And he said he didn’t remem-