Friday, October 6, 2006
Computers and Litigation -John Cosgrove, P.E., CFC
Abstract
The increased involvement of computer technology in virtually all legal practice from computer-resident evidence (80+% and rising) to computer technology's involvement in most aspects of our lives, is discussed both as a problem and a business opportunity.
Trends showing involvement of computers and litigation
Modern life is increasingly dependant on computers & software both obvious and hidden*.
Litigation examples:
- Evidence is largely computer-resident
- Most business operations have some computer dependency
- Personal lives are increasingly affected by dependable computer operations
A recent ACM article, More Lawyers than Programmers? Microsoft ..** by a MIT Sloan School professor discusses the business aspects in detail.
Unique aspects of litigation involving computers & software
Typical computer issues in litigation:
- Key evidence is computer resident but may be deleted or fragmentary.
- Contractual requirements are usually incomplete
- Delivered performance or quality seldom meets customer expectations
Proposed model rules for Electronic Discovery ***
Electronic evidence rules have been largely undefined until this recently proposed model guideline.
Contractual realities when computers & software are involved
- Near impossibility of adequately determining mutual responsibilities at contract start.
- Moving target during delivery period requires different contractual relationship.
- Result is the critical importance of secondary documents and on-going communications as evidence.
Establishing value of Software-Intensive IP is key in many disputes ****
- Analogy with franchising business an abstraction which makes money, sometimes
- Value to whom
- Highly dependent on timing and business context
Establishing standard-of-care
- For example, the MS warranty and license takes no responsibility.
- Two leading computer professional societies disagree on issue of licensing SW professionals.
- Proposed solution is establishing analogous engineering worst-case-design process as an effective standard.
Opportunities for Computer people
- Making computer issues understandable to the court
- Finding the critical data in gigabytes
Discussion of actual recent cases
References: Refer to website
- * Cosgrove, John D., Software Engineering and Litigation, Encyclopedia of Software Engineering , Volume 2, Second Edition, John Wiley & Sons, Inc. December 2002
- **Cusamano, Michael A., More Lawyers than Programmers? Microsoft , Communications of the ACM, July 2004
- ***Ninth Circuit Advisory Board, Proposed Model Local Rule for Electronic Discovery, May 2004
- ****Baetjer, Howard, Software as Capital, IEEE Computer Society Press, 1998
Additional information:
Forensic Engineering Expert Witness in Computer Systems & Software
Your Presenter: John Cosgrove , P.E. CDP, CFC - Cosgrove Computer Systems Inc. , has over forty-five years experience in software engineering and has been a self-employed, consulting engineer in the Los Angeles area since 1970. He is a charter member of the USC-sponsored Los Angeles Software Process Improvement Network (LASPIN) Steering Committee, a Life Senior Member of the IEEE and member of ACM, NSPE, National Academy of Forensic Engineers (Fellow), Forensic Expert Witness Association and American College of Forensic Examiners. Over the last six years, his consulting business has seen the demand for forensic services increase significantly. He testified before the California Board of Registration for Engineers, arguing that software engineering should be added as an engineering specialty under the professional engineering laws. Additional publications and background information can be found at www.CosgroveComputer.com or contact the speaker at JCosgrove@computer.org .
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Logistics
Location:Northrop Grumman E2 Presentation Center (in tall building off of Entrance 2), Redondo Beach, CA (formerly TRW) - 2299 Marine Ave., Redondo Beach, CA 90278
Directions: Take the 405 Inglewood exit (southbound it's the exit after Rosecrans East, northbound it's the exit just after Hawthorne) and go north on Inglewood Avenue (southbound, turn left at the end of the ramp, northbound, turn right). Turn left at Marine. Go west under the freeway past the railroad tracks and Redondo Beach Avenue to Entrance 2 at Mettler Drive. Turn left into the parking lot . E2 is the tall building to your right. (See page 733 A5 of the Thomas Brothers Guide.)
Time: 9 a.m. 12:00 noon
Admission: Free
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