Monday, June 6, 2011

Defendant Required to Install Integrated Development Environments on Stand-Alone Computer Used to Review Source Code

The court granted plaintiff's emergency motion to compel compliance with a protective order and require defendant to install integrated development environments (IDEs) on a stand-alone computer used to review defendant's source code. "[Defendant] has loaded its source code on a stand-alone computer for review. [Defendant] has further provided a standard text-editor (Notepad), a source code editor (Notepad ++) and a comparison tool (Beyond Compare) to facilitate [plaintiff's] review of the source code. . . . [Plaintiff] represents that due to the modular nature of source code, the IDEs will allow its experts to follow various jumps between modules contained in separate files -- replicating the behavior of the source code during execution. . . . [Defendant] contends that loading the IDEs on the source code computer will require the installation of additional hardware, third-party software libraries, configuration files and running servers – all at additional cost to [defendant]. . . . The Court finds that installation of the two IDEs is not prejudicial or overly burdensome to [defendant]. . . . Accordingly, the Court hereby grants [plaintiff's] motion without prejudice as to Hyundai requesting a meet and confer and ultimately the Court’s intervention should the installation and operation of these tools require additional costs as enumerated above."

SFA Systems, LLC v. BigMachines, Inc., et. al., 6-10-cv-00300 (TXED May 31, 2011, Order) (Love, M.J.)

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