SCO Grp v. Novell Inc

Filing 658

MEMORANDUM in Support re 657 MOTION for Daubert Hearing to Disqualify Dr. Gary Pisano filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Brennan, Sterling)

SCO Grp v. Novell Inc

Doc. 658 Att. 3

EXHIBIT C

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clients, I think -- well, I don't know if they're -They're certainly giving it some degree of credibility. I don't think they would put it before their clients if they didn't think it was credible. (Pause.) Q Dr. Pisano, tell me what you know about the methodology for the Yankee Group 2004 survey. A It was a survey of companies across a size -- it's actually laid out. I believe it's right in the report itself, a thousand -- a thousand customers -- sorry, a thousand users were contacted. They were asked a variety of questions, a thousand organizations that they had -- that they had contacted. I think this was an online survey. The respondents filled it out online, sort of a random sample. MS. BORUCHOW: 376, right? MR. PERNICK: THE WITNESS: Your question is about Yes. Yes. Exhibit 376?

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BY MR. PERNICK: Q Is it your understanding looking at page 3 that a thousand organizations were surveyed? (Witness read document.) A Q Yes. And do you see from the question in Exhibit 1, which is the box on page 3, it says that midsize or large organizations with 5,000-plus employees were asked to respond? A Q Right, yes. And is that in itself sufficient to convince you that this survey was reliable? MS. BORUCHOW: A Q no reason to doubt it. Well, aside from having no reason to doubt it, what do you base your conclusion that it's a reliable survey on? A Again, this is an organization, Yankee, that does these kind of surveys routinely. Companies rely on them for, you know, this kind of market research. a large sample. That's what these guys do for -- for a living, and it's Object to form. I have It appears to be a reliable survey.

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(Pause.) A Q It's reliable. You say it's a large sample. Do you know who responded, how many -- who at the various companies, anything like that? A Q A Q A I don't have the details on -- on who responded. I mean, to be clear, we know that a thousand companies were asked, I guess. Right. We don't know anything about who responded, right? I'd have to sort of look at that. on that, if that was reported. (Pause.) Q A Does it matter? Response rate? Yes, I mean, the -- the specific -- which specific players respond doesn't matter, you know, Company A or Company B. It doesn't -- the individual companies responding doesn't matter, but -Q What do you mean? I don't recall offhand if I have the numbers on --

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A

Well, you said does it matter who responded. So this goes out to a thousand organizations. And think about the companies, you know, 1 through a 1,000, you know, did Company No. 2 on the list respond or Company No. 3 on the list respond? That doesn't matter for a survey.

Q

What -- does it matter -I mean, you don't know how many responded when you're saying that doesn't matter?

A

No, I didn't say that. The overall response rate matters. have -- I can't recall whether they report the response rate. My presumption would be in a survey like this, in an organization like this, that they're getting certain high enough response rates; otherwise, they wouldn't be -You know, this is a company, again, whose primary -- they're in the primary business of doing these kind of surveys and, you know, and publishing this kind -- these kind of data. I

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You can get actually -- there's surveys with very low response rates, which, again, as long as the responses are, you know, sort of randomly distributed, not biased in the response, you actually have a very robust study. Q And how do you know in this case whether you have those conditions? (Witness read document.) A I -- I don't know 100 percent for sure. Again, I'm relying on the fact that Yankee is a well-respected organization that -You know, they -- they kind of make their -- they make their living really and their credibility in the market matters. And so I'm going to, you know, believe that they are doing a good job on the -- on the surveys. We often are forced to do that in research and in my own academic research where I don't have all the details of the surveys and response rates, but you look at the credibility of the -- of the source. And, again, this is an organization that makes its living by doing response --

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by doing these kind of surveys. And so, you know, presumably, they -they can't be out there, you know, publishing flawed studies. They couldn't stay in business. Q Do you know what checks were employed to make sure that this survey was done on a sound basis, what kind of procedural mechanisms? A Q A I don't have details on that, no. Do you know generally? No. I mean, there's a standard -- I mean, again, doing survey research, there's a very standard set of approaches that are -- that are kind of used in terms of, you know, sending it out, getting response rates, tracking. It's -- it's -- it's not, you know -making sure you record the responses correctly. Again, a company like Yankee that does this kind of stuff would be really, I think -- you know, this -You know, it's like Toyota making

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cars. Q

They know how to make cars.

These

guys know how to do surveys. You're talking about in general, though? You don't know anything about what Yankee did to conduct this survey, right? MS. BORUCHOW: A I mean, I do. They conducted a survey of a thousand -- you know, a thousand organizations, you know, and asked them questions. That's what they did for the survey. That's what you do in surveys. Q Do you know whether there was anything done to ensure that the respondents that these unknown, unnumbered entities had the authority and knowledge to answer for the companies? MS. BORUCHOW: A Q Can you -Well, do you know if there were any checks employed to make sure that, okay, we're going to send this to Acme Company and we're going to make sure that we get a response Object to form. I'm not sure I follow the question. Object to form.

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from the person who's the one who should be answering? A Again, in organizations like -- they routinely administer these surveys. not the first survey Yankee's done. done. So they have these things, have already kind of been worked out for who's getting them and how they're doing them. They typically -- you know, there's -- you know, those kind of procedures are in place in organizations like this. This is not an unknown -- Yankee Group is an extremely well-regarded, well-known, you know, information provider in this space. Q A Q A Do you know anything about what procedures, though, they employed here? I don't know the specific procedures, no. Generally do you know? The, you know, standard survey procedures. This was done -- I can't recall -- I was looking through this so I could remember the This is They

list a whole bunch of other ones they've

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specifics of whether it was done online and -I -- I don't know the specific -I mean, what kind of procedures are you -Q A I don't know. of survey. Q I'm asking you. Again, it's a very standard -- standard kind Contact these organizations and -- and get responses. Assuming there is some kind of standard survey procedure, how do you know it was employed here? A Again, this -- Yankee Group is a very well-respected, you know, research organization. all the time. organizations. It's a little like census data. the time in their research. I mean, you know, people use census data all Do they ask the No. questions, the details of the census? It's an understanding it's done -- done well. Q Did you interview any of the respondents to this survey? They do these kind of things Their data is used widely by

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