Re: [PLUG] Help with Lawsuit

["W. Chris Shank" <chris.shank@acetechgroup.com>]

I think that perhaps your idea of disk and the lawyer's idea of disk are
not the same (perhaps she thinks you mean floppy disk?). It is plainly
obvious that the information resides in electronic form somewhere (from
the statement that it resides on the mainframe) - whether on harddisk or
tape (as older machines used to store their information) is unclear. I
think lawyers are sticklers for language clarity - so saying "it's on
disk" probably leave too much wiggle room.

I would revise the request to state that the information must be stored
somewhere in an electronic (computer readable) form, if it wasn't then it
would not be available on the website or in the mainframe.

this is my favorite quote:
> "The GMA and EQID files are not 'maintained on disk somewhere' as
> Appellant asserts.  The most up-to-date GMA and EQID figures are on the
> BRT's network servers."  p. 3 of City's legal brief.

That's like saying: This car doesn't use internal combustion, it uses
gasoline.

Good luck.


Edmund Goppelt said:
> I'd like to ask for this list's help explaining to a Philly judge that
> the data for City's property tax web site is ultimately stored on a hard
> disk somewhere.
>
> The City is refusing to provide two data fields on the grounds that
> these fields are not stored on computer disk and therefore cannot be
> provided as an ascii text file. The lawyer representing the City wants
> me to download the fields for the City's 480,000 residences
> individually from their web site:
>
> http://brtweb.phila.gov
>
> To me it seems obvious that the data from the City's web site must
> reside on a hard disk somewhere, but I'm afraid that the Judge, who
> knows little about computers, just might buy into this claim.  I'd like
> to present the Judge with a packet of letters from computer
> professionals on this question.
>
> If you believe in open records, I'd like to ask you to write a "to whom
> it may concern" letter expressing your professional opinion about
> whether the City's web site, and the data backing it, are stored on hard
> disk.  My snail mail and contact info are here:
>
> http://www.hallwatch.org/contact
>
> Emails are fine, if that's easier, but I suspect a real letter on
> letterhead will carry more weight with the Judge.
>
> The City's web site is an ASP front end to a SQL database.  I know this
> for because I have a copy of the contract to build the web site:
>
> http://www.goppelt.net/pdf/mbn_contract.pdf
>
> Here's what the City Lawyer wrote in her brief:
>
> "The GMA and EQID files are not 'maintained on disk somewhere' as
> Appellant asserts.  The most up-to-date GMA and EQID figures are on the
> BRT's network servers."  p. 3 of City's legal brief.
>
> and:
>
> "There is a file that is known EQID that rests on the mainframe and
> contains only the BRT account number and the EQID number for
> residential properties.  This data file does not exist on a disk."
>
> Read the city lawyer's brief:
>
> http://www.goppelt.net/pdf/choksi_supp_brief.pdf
>
> Thanks for considering my request for help.  I'd also like to thank the
> many people on this list who responded to my previous question about
> Orcale and apologize for not acknowledging your helpful comments sooner!
>  If you're interested in how that particular story turned out, you can
> read more here:
>
> http://www.hallwatch.org/rtkasuits/news/1050929197213
>
> --
>
> Ed Goppelt
> http://www.hallwatch.org
> _________________________________________________________________________
> Philadelphia Linux Users Group        --
> http://www.phillylinux.org Announcements -
> http://lists.netisland.net/mailman/listinfo/plug-announce General
> Discussion  --   http://lists.netisland.net/mailman/listinfo/plug



_________________________________________________________________________
Philadelphia Linux Users Group        --       http://www.phillylinux.org
Announcements - http://lists.netisland.net/mailman/listinfo/plug-announce
General Discussion  --   http://lists.netisland.net/mailman/listinfo/plug