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Context of 'July 21, 1983: Justice Department Says Dissemination of PROMIS Software Still Limited under Agreement with Inslaw'

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Peter Videnieks, the Justice Department’s contracting officer, writes to Inslaw to demand that it turn over all computer programs and supporting documentation relating to a contract to install PROMIS software for the department (see March 1982). In response, Inslaw says it will not do this without the department modifying the contract between them to acknowledge that it has inserted privately-funded enhancements into a public domain version developed for the department. This modification is apparently required because the department is using a time-share version of the application in advance of full installation, and Inslaw’s other timesharing customers also use a version with the enhancements. The department then says that the original contract called for software in which the government has unlimited rights, and asks Inslaw to identify the parts of the software it claims are proprietary. Inslaw offers to provide the enhanced software to the 94 attorneys’ offices covered by the contract at no extra charge, provided the department agrees to Inslaw’s rights and does not disseminate the software beyond these offices. However, Videnieks will later tell investigators for the House Judiciary Committee that the department believed that it had unlimited rights to any versions of PROMIS, and if restrictions were placed on data rights, then this would not satisfy Inslaw’s obligation under the contract. [US Congress, 9/10/1992]

Entity Tags: Inslaw, Inc., US Department of Justice, Peter Videnieks

Timeline Tags: Inslaw and PROMIS

The Justice Department makes a counter-proposal in the dispute over whether Inslaw should provide an enhanced version of the PROMIS software and documentation to the department to ensure against the company’s bankruptcy (see December 6, 1982). The counter-proposal is made in a letter from Peter Videnieks, the department’s contracting officer, to Harvey Sherzer, an attorney for Inslaw. Videnieks still wants a copy of the enhanced PROMIS software, but is willing to limit the software’s dissemination to the attorneys’ offices contemplated by the original contract. However, the department does not admit that Inslaw has made privately-funded enhancements to the software, so this limitation on dissemination will only apply if Inslaw can demonstrate the privately-funded enhancements that it claims have actually been made. Nevertheless, no mechanism for producing such proof will be specified. If Inslaw can show the software contains such enhancements, the department will either tell it to remove them, or negotiate regarding inclusion of the enhancements. [US Congress, 9/10/1992]

Entity Tags: Harvey Sherzer, Inslaw, Inc., Peter Videnieks, US Department of Justice

Timeline Tags: Inslaw and PROMIS

Peter Videnieks, the Justice Department’s contracting officer, writes to Inslaw to set out the department’s position on a significant modification to a contract between the two organizations. Videnieks agrees that modification 12 “continues to limit dissemination of that version of the PROMIS computer software [a privately-enhanced version] specified in the modification.” He adds that the modification “will continue to apply in the event that the government invokes the provisions of Clause 22, ‘Disputes,’ in that the government will limit dissemination pending a contracting officer’s final decision in the matter.” [US Congress, 9/10/1992]

Entity Tags: Inslaw, Inc., US Department of Justice, Peter Videnieks

Timeline Tags: Inslaw and PROMIS

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