Minnesota Supreme Court Rules on Source Code
The Minnesota Supreme Court has ruled on the issue of source code production in breath alcohol testing devices there. Read the full opinion here.
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Disclaimer - By publishing this information on this Blog site, the Charleston, South Carolina Law Office of Timothy Clay Kulp is not claiming to represent any clients or cases mentioned here. The content provided is designed to inform readers and is not intended as legal advice.
April 30, 2009
January 22, 2009
Breath Testing and Source Code from A Scientific Perspective
Ed Brayton offers an interesting perspective about these issues in his blog at www.scienceblogs.com
Well worth reading. See the post below.
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January 16, 2009
A Nationwide Problem- No Independent Testing of Breath Test Machine Software
This article illustrates the point-no machine, particularly, one producing results used as evidence in criminal cases, should be free from independent examination for flaws.
As noted in the Bradenton Herald opinion page, these companies should be eager to resolve the issue as opposed to running from it.
Read the article for yourself....
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January 14, 2009
Source Code Software Battle-Florida Rules That A Defendant's Rights Trump A Trade Secrets Defense!
A reported below, in the confusing world of infrared spectroscopic breath alcohol testing machines, an asserted defense by one of the many companies to court ordered production of the source code software for independent testing has been REJECTED.
Now, $2 million dollars in contempt fines against the device manufacturer, CMI, as pending.
After defenses of copyright, trademark and other stonewalling failed for some of the companies, the defense of trade secrets was waived like a Don't Tread on Me flag. Courts were sympathetic to a company's interest in preservation of that which, if learned by a competitor, could effect the companies financial well being.
But what trumps in a criminal case? The right to a fair trial or the health of a company which refuses to allow verification of the very indispensable component of the machine-software?
Well, for now, the issue in the state of Florida is resolved-the right to a fair trial in a criminal case prevails. See the story below.....
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December 1, 2008
News of Breath Testing Wars Makes Its Way from Ohio to Charleston, SC
This is a story worth following.
Background. The manufacturer of the breath testing machine we use in the Palmetto State, National Patent Analytical Company, is located in Mansfield, Ohio. So, you would think that when Ohio decided to replace Datamaster devices (some of which are popping up for sale on Ebay for pennies on the dollar of what Ohio paid) the Datamaster would get due consideration. (Currently, 90 percent of the breath test machines in Ohio are Datamasters. Ohio did not opt to purchase the new model of the Datamaster, the DMT, which South Carolina has opted to purchase.)
No way. Mid-November, an Ohio Board approved without question spending $6.4 million to purchase the breath alcohol testing device made by a chief competitor to the Datamaster Located in Kentucky.
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