public access vs proprietary database, take 3

So, I've posted before about the issues surrounding the db provider our company uses. The court case where the judges smacked down the lawyer for our software company for deigning to claim that their database is locked in by a license that precludes the public right to access information (as provided in our state constitution).

The judges found their arguments specious and absurd. I had last posted because their was an e-mail sent out by the programmers that we needed permission from them before giving out this database. I knew that this was wrong, and clearly violated the spirit, if not the letter of the law.

However, now even more ominously, with the latest update (as I found out today), they now have a registration procedure that registers not only a given workstation (as has always been the case), but the database itself. When I asked what that tab was, she explained it to me (and once she mentioned "license" and "giving out the database" I knew what she was on about... I however, acted stupid, asking questions... partially because I knew the deal with the court case, but also, because I wanted to see if there was any sort of justification or loophole they had that could either be a legitimate argument for their actions, or a reason to "get around" their registration of said data... this data registration, it should be noted, only applies to those users who don't have a licensed copy of the software (in clear violation of the courts ruling))

So, now that it's not only a "you need to talk to us" but a "we have code that is directly preventing you from giving this data out without prior authorization", I think I definitely need to find someone who'll bring this issue to case. However, I've written both to EFF and Lawrence Lessig, with no reply from either. I'm gonna write to Cory Doctorow as he is on the board of EFF and he seems open to listening to fellow people. I can't just submit it to boingboing, however... it needs to be a private thing. If the EFF can't take the case up, I mostly just need advice on where I can find a local attorney (pro-bono, natch) who'll lay the smack down.

Cuz this really pisses me off...

Letter I sent to Judge Richard Posner

Posner, one of the Judges who ruled in the case I referred to earlier, has his own blog and also teaches law at uchicago! So, I wrote to him via his e-mail address at the uni. Here's the text. I'm merely hoping he can provide some insight on where to go. There's even a fanblog for the guy! He's gotta be not too bad if he's got a whole blog dedicated to his rulings from people who like his sense of humor, apparently...

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Hello Judge Posner,

I am writing to you due to concerns I have regarding actions currently being implemented by Assessment Technologies that I believe violate your ruling in the case of Assessment Technologies vs WireData.

I realize I should contact a lawyer if I wish to pursue this, but I have no idea who or where or how. Currently, I can say that I tried to contact both the EFF and Lawrence Lessig, as I believe they have a vested interest in this case. Neither have replied. I have not yet contacted the ACLU, though I think that may be a good place to start.

Let me state that 1) Assessment Technologies has sent out a newsletter regarding "permission" for giving out the database content to "unlicensed users" of their software. 2) I have found out today that they are working on implementing a "license code" system into their software in order to prevent access to their database. Lisa Pelkey (one of the owners, as far as I'm aware) of the company has explicitly stated to me that they are working on implementing this (my understanding is that it is not fully implemented, but the front-end/interface to entering this code for a license has been implemented, which is why I asked about it... they call it the "database license" vs the normal "workstation license" which is what we use to license the individual computer for the software program.) Lisa stated, that the reasons they are implementing this is that some people are getting the data "in violation of our license"... However, it's my understanding that you laid the smack down and let the company know that the public right to now supersedes such licensing restrictions.

I tell you this because I believe this is an important issues (access to public records, as enshrined in the State Constitution of Wisconsin). I am asking you if you have any suggestions as to where to go? Mostly, I am wondering if there are good lawyers in Wisconsin (specifically the Madison area) who would be able to discuss this issue with me. I am just a data entry worker, and do not have much finances, nor do I wish to drag my employer into the situation. I am merely a concerned citizen who wishes to do the right thing.

Please, any advice is greatly appreciated.

I thank you for your time...

Regards,
Dave Elliot