Drunk drivers let off due to trade secret

Here's a strange twist in the IP/trade secrets story. Drunk drivers in Florida have been getting let off in their hundreds because the manufacturers of the breathalyzers refuse to disclose how the machines work.

"Seminole judges have been following the lead of county Judge Donald Marblestone, who in January ruled that although the information may be a trade secret and controlled by a private contractor, defendants are entitled to it.

``Florida cannot contract away the statutory rights of its citizens,'' the judge wrote."

What puzzles me is why the company is insisting that some basic chemistry is a trade secret. The operation of standard breathalyzers is well documented. When a drink driving suspect breathes into the device the breath passes through a mixture of chemicals and water. Sulphuric acid removes any alcohol from the breath sample. This then reacts with potassium dichromate producing a colour change. The colour is compared with a 'control' sample containing no alcohol and the meter produces a reading. Check out howstuffworks if you're interested in the details.

It is unfortunate when drink drivers get off on a technicality but even though the judges will be much maligned over their decisions, this is yet another side effect of overreaching claims on the part of intellectual property or, in this case trade secrets owners.