MI Court Orders HP To Turn Over Source Code in SOS Lawsuit

A Kent County judge Monday ordered global information technology company Hewlett-Packard to turn over computer source code to the state of Michigan. This is just the latest chapter in an ongoing decade long situation.

According to reports, The state and HP entered into a contract for HP to update and upgrade computer systems in multiple state agencies, the most visible being the Secretary of State's office and what is now called "Express SOS". The original deadline was in 2010. Numerous problems have been encountered along the way.

The court recognized in its ruling that success on the state’s breach of contract claim “appeared inevitable,” and that the state was the rightful owner of the computer source code.

“We respect the ruling of the court, and its recognition that the state was wrongfully deprived of property it had fully paid for," Michigan Secretary of State Ruth Johnson said. "It’s a shame we had to take them to court to force them to honor their agreement and responsibilities.”

The state of Michigan terminated its contract with HP for cause in August, and subsequently sued HP in Kent County Circuit Court in September after the company failed to deliver on a $49 million contract. Michigan becomes the sixth state motor vehicle agency, along with those in California, Minnesota, New Jersey, New Mexico and Vermont, that is no longer working with the company, according to media reports.

The ruling addressed the state’s request for an injunction to force HP to provide computer source code that is necessary to ensure the state’s ability to maintain and manage its ExpressSOS website, which is used by millions of Michigan residents. The larger lawsuit brought by the state for breach of the contract continues to move through the court system.

For now, the state’s focus is on getting the knowledge and systems in place for a smooth transition away from HP. Based on the court’s decision, the state now can focus on implementing the requirements of the new road funding law and seek a qualified vendor to replace HP.

Source: State of Michigan release, media reports