Internet Software Expert for MP3 Player Breach of Contract Case

Case Description:

A internet software expert was needed for a breach of contract case between an online software developer and an internet content provider. The plaintiff had developed a software based media and MP3 player that was available as a free internet download. The defendant purchased the plaintiff’s company & software. The merger agreement included a clause in which the defendant agreed to pay shareholders an additional amount determined by the average number of unique users of plaintiff's MP3 player during a specified period, to be determined by tracking software. The plaintiffs alleged that the defendants did not take appropriate steps to implement the tracking technology needed to count unique users. The defendant maintained that the plaintiff shareholders had a responsibility to ensure that technology was in place to make the count possible.

IMS ExpertServices was asked to locate an internet software expert to analyze the web site and software to determine when and to what extent the tracking technology was implemented. The expert was required to be familiar with C++ source code , the programming language used for the downloadable media player.

Experts Presented:

  • Computer Software

    With over 36 years in the computer industry, half of which he was working largely in the software development arena of large corporations, this computer software expert has significant expertise in a wide range of software languages including C, C++ source code, dBASE, SQL, Visual Basic, Fortran, Pascal, Basic, COBOL , Algol, HTML, Java, PL/1, CGI and Perl. He has been an active expert witness since 1986 specializing in intellectual property and computer forensics and has specific case experience using version control software in breach of contract cases. He has written 30 books about computer software, starred in 25 training videos about programming, and has delivered hardware and software forensics workshops both domestically and internationally. IMS Reference #3589331

  • Computer Forensics

    This internet software expert is a highly skilled, court-qualified data forensics professional with over 20 years of experience in research and industry with a broad range of computer systems and programming languages, including C/C++ source code, Visual Basic, Fortran, APL, and several assembler languages under Unix, Vax/VMS, Kronos, MS-DOS, Windows, and a number of version control programs. This expert's degrees include a B.A. in physics and an M.S. in computer science. His articles about computer forensics and online research have appeared in the New York Law Journal. IMS Reference #4973588

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