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Andy Johnson-Laird was born in Sheffield in England in 1945, and has also lived in France, Canada, and Northern California. He currently lives with his wife, Kay Kitagawa, in Portland, Oregon in the Pacific Northwest of the United States. Johnson-Laird is one of the early pioneers in the field of digital forensics. His specialty is forensic software analysis of computer and Internet-based evidence for copyright, patent, and trade-secret litigation. He is also an expert on reverse engineering, software development, and developing software in a clean-room environment.

Johnson-Laird developed techniques for data analysis and the presentation of computer-based evidence that have helped to bring digital forensics into the courtroom. He has served as a technical expert and provided litigation testimony as an expert witness in many cases. He also has published numerous articles on topics related to digital forensics and the legal challenges posed by emerging technologies.

Computer Software Authority

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In addition to serving as a technical expert in high-profile and significant litigation, Johnson-Laird’s published writings have been cited by the United States Court of Appeals for the Ninth Circuit, first in Sega Enterprises Ltd., v. Accolade Inc., No. 92-15665, D.C. No. CV-91-3871-BAC, as authority for practical necessity to make intermediary copies to understand protected expression in software.[1] Later the court cited Johnson-Laird’s article “Software Reverse Engineering in the Real World,” University of Dayton Law Review, Volume 19, November 3, Spring 1994, in the case Sony v. Connectix, No. 99-15852, D.C. No. CV-99-00390-CAL, as authority for the need to reverse engineer when developing compatible products and therefore the intermediary copies created in such reverse engineering should be considered fair use under U.S. Copyright Law.[2]

Role in the CP/M v. DOS dispute

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While working as a consultant for Digital Research Inc., Johnson-Laird noticed the operating system supplied by Bill Gates to IBM was remarkably similar to CP/M created by Gary Kildall. When the similarity was shown Kildall, he looked at the screen and was stunned. "There were some shallow changes, but it was essentially the same program," Johnson-Laird reported in an interview with BusinessWeek.[3]

Court-Appointed Expert & Special Master

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Johnson-Laird’s expertise has been called upon by the Honorable Marvin J. Garbis, in the U.S. District Court for the District of Maryland as a court appointed expert in the matter of Vaughn v. Amprey, Civil Action No. MJG-84-1911. Additionally, in 2007 Johnson-Laird was appointed as Special Master by Judge Stephen V. Wilson, Central District of California, in the MGM Studios, Inc. v. Grokster, Ltd. case. His appointment on remand encompassed recommending appropriate actions to impose by Permanent Injunction on Defendant StreamCast that would “cope with the copyright infringement” caused by peer-to-peer file sharing systems, while “preserving non-infringing uses” of the system.[4] In 2010 he was appointed Special Master in DataSci v. Medidata, a case before the Honorable Marvin J. Garbis, in the U.S. District Court for the District of Maryland.[5]

Streak Photography & Documentaries

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Johnson-Laird, a true renaissance man, is passionate about photography[6] and about documentary film making. In 2005 he implemented his own version[7] of a unique technique known as streak photography, combining his love of photography his intimate knowledge of computer systems.[8] His techniques create stunning photographs that are compositions of color and line that are truly “unreal.” In 2010, in collaboration with Kay Kitagawa and Dina Gomez, Johnson-Laird directed, produced, and edited “EMMA: Unplugged,”[9] a documentary of the 2010 Emma International Collaboration,[10] an artists' retreat in the Saskatchewan boreal forest hosted by the Saskatchewan Craft Council. He has also directed, produced, and edited other video projects.[11]

Published Writings

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Additional published writings by Johnson-Laird include:

-"Looking Forward, Legislating Backward?," 4 J. Small & Emerging Bus. L. 95, 101 (2000) [12]

-“The Discovery Of Computer Software In Patent Litigation,” Federal Courts Law Review (an on-line law journal), March, 1998[13]

-“A House Divided Internet Technology From The Ground Up,” A. Johnson-Laird and Niels Johnson-Laird, Journal of Internet Law, Volume 1, Number 1, July 1997.

-“The Anatomy Of The Internet Meets The Body Of The Law,” University of DaytonLaw Review, Volume 22, Number 3, Spring 1997.[14]

-“Detecting and Demonstrating Plagiarism in Digital Images,” co-written with Ewan Croft, The Multimedia Strategist, Volume 1, Number 9, July, 1995.

-“Smoking Guns and Spinning Disks: The preservation, production, and forensic analysis of computer-based evidence,” The Computer Lawyer, Volume 11, Number 8, August 1994.

-“Reverse Engineering of Software: Separating Legal Mythology from Actual Technology.” The Software Law Journal, Volume V, Number 2, April 1992.

-“Using a Computer Expert to Analyze Computer-Based Evidence,” The Computer Law Association Bulletin, Volume 7, Number 1, 1992.

-“Ingeniería Regresiva en Software: Separando la Mitología Legal de la Tecnología Real,” Derecho De La Alta Tecnologia, Ano III, Numero 34/35, Junio/Julio 1991.

-"Reverse Engineering of Software: Separating Legal Mythology from Modern Day Technology," TekBriefs, Number 5, January/February 1991.

-"Software Development and 'Reverse Engineering'" Eleventh Annual Computer Law Institute, Cosponsored by the Computer Law Association and University of Southern California Law Center, May 1990.

-"Neural Networks: The next intellectual property nightmare?" The Computer Lawyer, Volume 7, Number 3, March 1990.

-"The Programmer's CP/M® Handbook" Osborne/McGraw Hill, 1983 (ISBN: 0- 88134-119-3). CP/M® was the first de facto standard operating systems for microcomputers and was the base from which Microsoft’s MS-DOS and IBM’s PCDOS came.[15]

Johnson Laird also serves on the Editorial Board for the Federal Courts Law Review, an on-line journal for Federal Judges.

Immigration Law Breakthrough

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Johnson-Laird's 1979 immigration to the United States resulted in litigation over "a legal issue of first impression" concerning "the proper interpretation of section 101(a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. s 1101(a)(15)(L), which allows 'a firm or corporation or other legal entity' to petition for the granting of 'non-immigrant' status to employees which it wishes to transfer to corporate posts in this country." Johnson-Laird was successful in his challenge to the agency's interpretation of this rule to not permit a petition for an "L" visa by a sole proprietorship. United States District Court Judge James Redden ruled that "Congress intended that the legal status of the petitioning business not be a dispositive consideration in immigration proceedings."[16].

References

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  1. ^ The court cited the original presentation of the article “Technical Demonstration of Decompilation,” later published in Computer Law Reporter, Volume 16, Number 3, November 1992 and reprinted in Reverse Engineering: Legal and Business Strategies for Competitive Design in the 1990's 102 (Prentice Hall Law & Business ed. 1992)
  2. ^ The article "Software Reverse Engineering in the Real World" was also cited by the Western District of Pennsylvania in Conference Archives, Inc. v. Sound Images, Inc., Civil No. 3:2006–76, *4 n.5 (W.D.Pa.,March 31, 2010) and by the Western District of Virginia in Frontline Test Equipment, Inc. v. Greenleaf Software, Inc., 10 F.Supp.2d 583, 586 n.5 (W.D.Va.,1998).
  3. ^ Hamm, Steve; Jay Greene (October 25, 2004). "The Man Who Could Have Been Bill Gates". BusinessWeek.
  4. ^ http://opinion.latimes.com/bitplayer/2008/05/morpheus-throws.html
  5. ^ http://www.gpo.gov/fdsys/pkg/USCOURTS-mdd-8_09-cv-01611/content-detail.html
  6. ^ http://www.jli.com/brushoflight/
  7. ^ http://www.bruisedpixels.com/about_andy.html
  8. ^ http://www.bruisedpixels.com/
  9. ^ http://www.youtube.com/watch?v=5XLTEdcUmc8
  10. ^ http://www.saskcraftcouncil.org/happening/emma.php
  11. ^ http://www.youtube.com/watch?v=xMyQkGsHE2c&feature=youtu.be
  12. ^ This article was cited by the court in Southern Co. v. Dauben Inc., 324 Fed.Appx. 309, 312 n.2 (5th Cir. 2009)
  13. ^ http://www.fclr.org/fclr/articles/html/1998/fedctslrev1.pdf
  14. ^ http://cyber.law.harvard.edu/ilaw/Contract/johnson-laird.html. This article was cited by the United States District Court of Massachusetts in Global Naps, Inc. v. New England Telephone & Telegraph Co.226 F.Supp.2d 279, 283 n.7 (D.Mass.,2002)
  15. ^ http://en.wikipedia.org/wiki/CP/M
  16. ^ Johnson-Laird, Inc. v. Immigration and Naturalization Service, 537 F.Supp. 52 (D.C.Or., 1981)