CMI Loses Appeal of Florida Fines for Refusal to Provide Source Code
CMI, the manufacturer of the Intoxilyzer 5000 EN, the breath test machine used in Minnesota, lost an appeal in Florida. It had appealed a lower court order which imposes more than $3,0000 per day for refusing to turn over the source code. The fines have totaled well into the hundreds of thousands of dollars.
If CMI refuses to disclose the source code in the name of lost potential profits, why does it continue today now that it is losing more money in fines and lost future business than it likely would if a competitor stole the software?
Could it be worried what we defense attorneys may discover in the event we were to obtain the information?
Although I have no specific information, it leads one to believe that their actions are motivated by self preservation; fearing perhaps potential personal civil liability, punitive damages or maybe even criminal charges.
I don't know, but why else would this corporation continue down this path of self-destruction?
Whatever the reason, I doubt its lost profits. That time has come and gone.
Charles A. Ramsay
Attorney at Law
Charles A. Ramsay & Assoc., PLLC
450 Rosedale Towers, 1700 West Highway 36
Roseville, MN 55113