He has no education, training, or expertise in economics, market analysis, or business models. Indeed, during parts of his deposition, Dr. Pouwelse stated that he could not answer questions without consulting an Economics 101 textbook. His background is as a computer scientist. Therefore, Dr. Pouwelse is not qualified to testify as an expert on economic issues, market analysis, or business models, and he should not be permitted to do so under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Federal Rule of Evidence 403.Plaintiffs Motion to limit Pouwelse testimony
It will be very interesting to see how Tenenbaum's counsel, Harvard Law School professor Charles Nesson, addresses the Daubert issue; Nesson served as counsel for the defense (i.e., in favor of a higher bar for the admission of expert testimony) in Daubert itself.
The plaintiffs' motion does not seek to limit Pouwelse from testifying on matters directly related to his expertise in computer science.