Breathalyzer source code must be disclosed

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When a device must be accurate...

... the government has a strong interest in testing that accuracy as well as possible.

If that meant opening up the software, I would be in favor of opening up the software.
(I remember Microsoft arguing to the Appeals Court that IP rights are more important than other principles more valued by the Court. The tossing out of the IP argument was barely polite.)

However, the best way to determine whether a device works is to test it directly.

I don't see how anyone could disagree with that. Certainly the State in question didn't. It set procedures for qualifying devices for bids and for testing individual examples of those devices when received. (I assume.)

If a device works, if it does what it's supposed to do by published definitions, why should testing the software used by the device make a difference?

If the testing is insufficient, identify a new test.

A Judge has to take IP rights into consideration, knowing there are more important principles. But I can't see how those principles are involved here.
Ultimately the only question is, did the device work properly. And there's little reason to think that looking at the software will be in any way more useful than the alternatives.


There's no reason at all to think it reasonable to set a requirement that all software supplied to a State must be open source.

Posted by: Anton Philidor   Posted on: 11/04/05 You are currently: a Guest | Members login | Terms of Use

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