Re: Defendant wins breathalyzer source code



In article <1186738562.4545.0@xxxxxxxxxxxxxxxxxxxxxx>, Tom Lucas <news@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx> writes
"Thad Smith" <ThadSmith@xxxxxxx> wrote in message
news:46bbdcef$0$79273$892e0abb@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Mark McDougall wrote:
Martin Griffith wrote:

so I assume they would need the "text" code with comments.

If I was ordered to hand over source code, I sure as hell wouldn't be
offering a version that had comments in it!!!

It could be one for the lawyers, but my interpretation of source is
"what the programmer wrote in the source files", which includes the
comments. Source refers to more than the code that the compiler used.
If I were in that situation, I would ask for specifications, user
manuals, design notes, bug reports, and all other documents that might
shed light on the design, weaknesses, problems, etc.

I would disagree with that. I would say that the machine code is what is
controlling the breathalyzer and the source code is what was used to
describe to the compiler what the machine code is to do. The commentary
and pretty formatting and other aids to understanding do not have any
bearing on the function of the breathalyzer and so there would be no
justification to provide them.

The justification is they are aids to understanding. The other point is the defence would ask for them and if you argue, prevaricate or equivocate the defence and jury would "know" you had something to hide.

The court ordered the disclosure of the
method of operation and uncommented and unformatted source code will
achieve that.

However, deliberately removing aids to understanding could be argued to
be obstructing the judge's orders.

It will be highlighted by the defence. That is part of the game. Why do you think solicitors and barristers ask questions they immediately withdraw.... to set the idea in the head of the jury.


--
\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\
\/\/\/\/\ Chris Hills Staffs England /\/\/\/\/
/\/\/ chris@xxxxxxxxxxxx www.phaedsys.org \/\/\
\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/



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