"I'm not trying to be evasive," Stuart E. Madnick, a computer and software expert and professor at MIT, said at one point during Wednesday's testimony. "I'm just trying to be precise."

Hodges hammered away at Madnick throughout the day, leaving the weary academic floundering at times.

Asked to evaluate language in the proposed settlements, Madnick studied the documents, then shook his head and said, "I somehow think there's something I'm missing, but I can't spot it at the moment."