Nothing excuses the motorcylist's actions ('making' a lane which didn't exist), and he was the sole cause of the collision, but the cyclist certainly shouldn't be on the phone, let alone doing it somewhere like the Mall (not that anywhere else would be acceptable either).
The cyclist showed poor judgement in flouting the phone laws and the biker showed bad manners, inconsideration for safety, and lied to the police about the true nature of what happened. Slap on the wrist and fine for phone use for the cyclist and dangerous driving action against the biker should be the outcome. Both are clearly guilty from video evidence alone.
Be sure to watch the full version, and you'll see that the police officer takes everything the biker says as gospel without allowing the cyclist to put his case forward. To her, it's all about the phone use. The cyclist is too meek but perhaps a lot of that is from being in shock.
http://www.naden.de/blog/bbvideo-bbpress-video-plugin -->
And he's getting rightly vilified on the Ducati forum he's a member of (though I suspect many of the members doing so are cyclists who've joined up to have a go at him, judging by their low post count). Ducati forum. Discussion starts on page 2