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Standoff over breathalyzer source code in DUI case
Not too long ago, we reported on a case brought to the Minnesota Supreme Court wherein a defendant in a DUI case asked (and was allowed) to view the source code of the breathalyzer machine which was used on him. Well, there's a new chapter in this book, it appears, as Minnesota authorities have missed the deadline for handing over the code to defense attorneys, thus dramatically increasing the chances that the defendant will be getting his case dismissed. Apparently, the Minnesota state public safety commissioner would not supply the source code, and the Department of Public Safety offered no explanation for the refusal. The state previously argued that it doesn't have the rights to hand over the data, as it is actually the copyrighted property of CMI -- the company who manufactures the machines. CMI has not been forthcoming with the source code in the past, leading to blunted or thrown out cases, though Court judges say the state must do whatever it takes to procure the software, even if it means suing CMI. A court hearing scheduled for September 19th will likely decide the defendant's fate, though we doubt this is the last we've heard of this case.
Man wins breathalyzer source code in court case
It looks like those alleged drunken drivers in Florida trying to get their hands on the source code to the breathalyzer that deemed them intoxicated may have been on to something, as the Minnesota Supreme Court has now granted just that to a defendant currently facing DUI charges in an unrelated case. According to CNET, the court ruled that CMI, makers of the Intoxilyzer 5000EN, must turn the breathalyzer's source code over to the defense attorneys, who said they needed it because "for all we know, it's a random number generator." Apparently, the case wound up focusing largely on whether the source code was actually owned by CMI or by the state, with the court ultimately siding with the latter camp, although not without a good deal of dispute. No word on a next move from either party, but we have a sneaking suspicion that it won't be too long before someone starts lobbying for the code to go open source.
Russia drops piracy case against teacher
Remember that Russian schoolteacher from a few days back, the one charged with piracy, and the one for whom Bill Gates and Microsoft declined to intervene? Well it turns out that Alexander Ponosov didn't need any help from Gates -- or Mikael Gorbachev, for that matter -- as the Perm-based court tasked with trying the case has dismissed all charges and labeled the incident as "trivial." As you probably recall, Ponosov is the teacher / principal of a small, 380-student school in the Urals village of Sepych which purchased 12 computers that Ponosov claimed had already been pre-loaded with pirated copies of Microsoft software. Amusingly, in its public rebuff of Gorbachev's request, Redmond argued that it was "sure that the Russian courts will make a fair decision" because of the "government's position on the importance of protecting intellectual property rights" -- and although most observers would probably agree that this is the fairest outcome, we doubt it's the one that Microsoft had in mind. When informed of the court's decision, Ponosov stated that "of course, it was trivial," and went on to inform the press that "we're off to drink champagne now" -- and with all that money he saved on software, there's definitely gonna be some Cristal in the house tonight.
