Saturday, December 30, 2006

Access to Source Code Denied

In a recent case in Talahassee, Florida, a local judge ruled that a candidate who lost by only 369 votes can't get access to the source code for the voting machines to test out her theory that flaws in the software resulted in underreporting of votes for her. According to the news report, the court held that the candidates conjecture regarding the supposed flaws was not sufficient to trump the trade secret rights of the company that provided the voting machines.

If I find a copy of the judge's actual opinion, I'll post it as a follow up.

Consider whether this type of thinking will prevail in a contract dispute where one party seeks access to "black box" components of a system that underlie a disputed online transaction.

1 comment:

Michael Fleming said...

I will be curious to see the judge's reasoning -- Is it along the lines of "Because the computer guys say it's trustworthy!" or similar lines of thinking as we see all too often?