Federal judge unlikely to release Steve Jobs video

Steve Jobs at Macworld in 2004.
Getty Images

Apple continued to fight tooth and nail to prevent recent video testimony from the tech giant's co-founder Steve Jobs in the Apple iPod antitrust case.

Apple's lawyer in this part of the case, Jonathan Sherman, who is a partner at Boies, Schiller and Flexner said media companies' lawyers were being opportunistic.

"The marginal value of seeing him again, in his black turtleneck—this time very sick—is small," Sherman said to the federal court in Oakland late Tuesday.

Apple's top execs defend iPod update
Apple's top execs defend iPod update

"What they want is a dead man, and they want to show him to the rest of the world, because it's a judicial record," Sherman added.

The motion to make the Jobs video testimony public was filed by The Associated Press, Bloomberg and CNN.

Tom Burke, a partner at David Wright Tremaine, represented the media companies in the motion.

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"We're not asking for anything other than what the jury heard," Burke told the court. He added, "Steve Jobs is not your typical trial witness, and that's what makes this a unique circumstance."

But it will be federal Judge Yvonne Gonzalez Rogers who will make the final decision regarding whether the court will release the Steve Jobs video to the public.

Gonzalez Rogers voiced clear concerns about releasing the video to the media and public. She said it would break the court's basic rule that keeps any of the proceedings from being recorded on video.

The judge said the request is "diametrically opposed from the rule that says I cannot allow the recording of these proceedings."

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Gonzalez Rogers added that she needed some more time to go over the arguments in the motion, and was open to any additional arguments from the media companies lawyers, as long as they are filed before the end of the week.