The picture that emerges from the testimonies of the civil appellants – the client – undermines the argument that in view of the actions that the doubter took vis-à-vis the project personnel, before the handling was transferred to the procurement, they were a promise of winning the project, and that the pricing carried out by the procurement in this state of affairs was only for the sake of appearance.
- Testimonies from the defendants and members of the competing companies – the defendants – from the testimonies of the competing companies – the suppliers – showed that they too did not believe that taking actions with the project manager – such as conducting a pilot, characterizing the requirements, etc. – guaranteed them the success of the project, because they were told that this was not the case, and that they too knew that until an order was issued from the procurement after the selection of the winning supplier, "everything is open" (in Oshri's words, 4476, paras. 19-20).
In his testimony, Oshri repeated the phrase "fat who sings in a fax" many times and in various variations. Oshri testified, over and over again, that "until the fat woman in the fax does not sing" – that is, until a formal order is not received from the procurement – "everything is open" (p. 4476, s. 19 - p. 4477, s. 2). The phrase "it doesn't end until the fat lady sings" comes from opera. The opera performance did not end until the Fat Lady came up and sang the closing song. I mean, it doesn't end until it's over.
Oshri repeated these words in his testimony over and over again, while clarifying that the intention was that only when an invitation was received (in those days by fax) did the win become certain and the game was over. Until then, there was a competitive concern. There is concern that the order will not be accepted and that Wii will not receive the supply of the contents or the work that is the subject of the project. Thus, for example, in response to the court's question regarding a possible competitive concern on the part of one of the competitors, Oshri replied, "I am always afraid... There's an expression in the industry until the fat in the fax doesn't sing... So everything is open. Then we fight" (p. 4476, s. 19 - p. 4477, s. 2). Oshri clarified that the concern exists whether it is a competitor that is less preferred by the customer or whether it is a competitor that gives a fight at the price and in technology that is more threatening (ibid.). Oshri's testimony showed that this was a mindset that existed in the entire industry (ibid.) and that "certainty about winning... It's obesity on the fax..."In other words, only when an invitation is received is there certainty (p. 4548, paras. 8-15; In another place he testified that it was not closed until the end "until an order arrived", p. 4737, paras. 22-24). Oshri confirmed that even when he feels that Wei's position in relation to a particular project is strong, i.e., Value enjoys preference or advantage, until an invitation is received, until "fattening" in the fax, there is no certainty of winning (p. 4728, paras. 1-5, despite the evasive impression and the attempt to qualify the testimony before and after the said segment; See also his reference to receiving offers from competitors at a stage when there was not yet certainty and it was not possible to know that "obesity would come out of the fax", p. 4867, paras. 12-15, p. 4868, paras. 13-20). In one case, Oshri testified that even after Wei had already worked with the project and conducted a pilot for it, he was told by the project's representative (Kandelstein) that the project wanted Wei but "know that you are in the competition", and that at that stage they did not yet know (Wei and Oshri) that "obesity [would come] by fax", because they were in the competition and worked to make sure that it happened and that the win "was not in our pocket" (p. 4915, S. 17 - p. 4916, S. 9). Oshri testified that until "obesity is not faxed" he is always afraid, including that another competitor or manufacturer will come up with a cheaper offer (p. 5004, s. 22 - p. 5005, s. 5; See also his reference to the fact that even when the customer is interested in a hook it is not a "fat fax" certainty, p. 5038, paras. 15-18). Elsewhere, Oshri used the term "until the fat is not faxed", also in relation to the possibility that at the end of the day the project will be frozen or canceled and an invitation will not be accepted (p. 4484, paras. 17-20; and the attempt to limit Oshri's testimony to this last matter should not be accepted, for example, in paras. 259 of the summaries of Wei and Oshri).