HomeMy WebLinkAbout1993-12-13 94-49 ORDERCOUNCIL ACTION
Item No. 94-49
Date 12-13-93
Item/Subject: Authorizing City Manager to Execute Release --
Trio Software Inc. et al
Responsible Department: Legal
In the summer of 1992 questions were raised Concerning potential
copyright infringement by TRIO Software Inc. because of alleged
similarities between their property assessing program and the
City's property assessing program and the fact that two of of the
principals of TRIO were former City employees with extensive
knowledge of the City's program. The City's investigation
ultimately led to the conclusion that any similarities were due to
the fact that both programs perform the same function. However,
differences in language, file structure and computation methods
indicated that MID was developed as an independent program. Lisa
Robertson's memorandum expressing this conclusion is attached. Hen
Birch, City Assessor, is interested in the possibility of utilizing
TRIO in the future. TRIO Software Inc. is reluctant to enter into
(cont'd on next page)
Department Head/(/
Manager's Comments:c�ny- .& tAmuB •fob✓ -w
�cCitManager
City Manager
Associated Information: Order, 11/19/92 Memorandum of Lisa
Robertson, Info. Services
Budget Approval: N Q -
Finance Director
Legal Approval: yn✓,,^�^��
City Solicitor
IntroduFetl For
Passage
First Reading
Referral gage 1 0£
(TRIO Software Inc.)
any business relationship with the City with the copyright issue
unresolved. The prior City Council agreed with the Legal
Department's 12/92 recommendation not to pursue this issue further,
but no releases have ever been executed. This Order would
authorize the City Manager to execute a Release, which would in
turn bar any claim, past or future, related to copyright
infringement involving TRIO and the City.
94-49
Ae®gned to Coonedor. Stove .December 13, 1993
CITY OF BANGOR
Authorizing.
utho ing City manger to Execute Release
(TITLE.) f®rber,.............. ........... ..._..... ...... ........
-- Trio Software Inc. et al
By Ow City Cosnal ofdw ABY of Saw:
ORDERED,
THAT
Edward A. Barrett, City Nonager, is hereby
authorized to execute a Release in favor of Trio Software, Inc.,
Robert J. Cormier, Ronald Wentworth and James Phillips in the form
attached as Exhibit A hereto.
In city council December 13,1993
Notion Indefinitely Postpone
Vote 5 Yee 4 No
voting yes Baldacci, Blanchette, Popper,
Shubert, Sullivan
Voting No Cohen, Soucy, Stone, Tyler
KLC ^ L.
City Clerk
94-49
ORDER
Title,
Authorizing City Hanger to Execute
......................................
8eleese Trio CofMa[e Inc. et al
..
�o
Councilman
RELEASE
KNOW ALL MEN BY THESE PRESENTS, THAT the CITY OF BANGOR, has
remised, released and forever discharged, and does hereby release,
acquit and forever discharge TRIO SOFTWARE, INC., ROBERT J.
CORNIER, RONALD WENTWORTH and JAMES PHILLIPS, their heirs,
successors and assigns, of and from any and all past, present or
future actions, causes of action, claims, demands, damages, costs,
lass of services, expenses, compensation, third party actions,
suits at law or in equity, including claims or suite for
contribution and/or indemnity, of whatever nature, and all
consequential damage on account of, resulting or to result from a
claim arising out of a computer software copyright infringement
between the CITY OF BANGOR and TRIO SOFTWARE, INC., ROBERT J.
CORNIER, RONALD WENTWORTH and JAMES PHILLIPS.
This Release contains the ENTIRE AGREEMENT between the
parties hereto, and the terms of this Release are contractual and
not a mere recital.
I further state that I have carefully mad the foregoing
Release and know the contents thereof, and I sign the same in my
capacity as City Manager as authorized by the Bangor City Council.
Dated and signed at Bangor, Maine, this _ day of
December, 1993.
CITY OF BANGOR
Edward A. Barrett
Its City Manager
94-49
STATE OF MINE
PENOBSCOT, as. December 1993
Then personally appeared the above-named EDWARD A. BAENETT,
City Manager, and acknowledged the foregoing instrument to be his
free act and deed in his said capacity, and the freeactand deed
of said body corporate.
Before me,
Notary Public/Attorney-at-law
Printed Name:
94-49
�MAINE NOY 2U 1992
`BANKNHL MAINE 114401
INFORMATION SERVICES ` TEL. aw.'
_.snwRFa�
Date: November 19, 1992
To: Erik Stumpfel, City Solicitor
From: Lisa Robertson, Information Services Sup.
Subi: TRIO Software Evaluation
On September 25, 1992, William Eastman, Programmer/AnalYst and myself
evaluated the City's current Assessing update program (RES690) and TRIO's
update program. Our understanding of the task present Ed to us was that we
should try to determine whether the TRIO code was a copy of the City's
Code by ming similarities and differences between the two products.
Won inspection, we found that record formats for master, cost and
valuation were
very similar. When comparing the actual program code,
similarities were feu. and in essence, we surmised that the two programs.
although they may yield the same results, are significantly different.
An important issue to address is the timeliness of the comparison
performed between the two products. As You described. in order to most
properly ascertain similarities and differences. we should have been
reparing a 1988 version of TRIO to the City's system, since there have
c
been n material changes to the City's system Since -1988 ncRealistically.
no one in the programming field retains original program code for any
substantial length of time: as updates are applied, the old programs are
usually discarded as a matter of standard operating procedure. it is not
practical to expect TRIO to have 1988 code available for inspection.
Thus, the issue of TRIO's 1988 product being significantly similar to then
City's program is virtually impossible to assess at this point in time.
To summarize, based upon the comparisons we made between the City's
Current Assessing main update program (RES690) and TRIO's main update
program, we could not find significant similarities that were
unattributable to the procedure being performed. Attachedis a summary of
the similarities and differences we found between the two programs.
Please contact me if you require further clarification an this issue.
ca Robert Farrar. Director of Administration
File
Description
TRIO
City
Record formats
virtually the
same data
Screen formats
not a material
issue
Programming Language(s)
MS Basic
CoboVe, RPG1I
File Structure
Siegle File
Multiple Files
Computations
Table driven
Compute statements
Development time frame
May 1988
1906-1987
96-69