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21 of 24 people found the following review helpful:
5.0 out of 5 stars
Arthur Burks responds to the second Bartik review, January 26, 2004
Arthur Burks responds to the second Bartik reviewThis is a response to Jean Bartik's second Customer Review of my wife Alice's new book, Who Invented the Computer? The Legal Battle that Changed Computing History. I have chosen to write at this time because, in both this and Jean's earlier review (to which Alice responded), I am the object of a major charge impugning my integrity. Jean Bartik's second review has the challenging title, "Answer this." It starts by (again) questioning Judge Larson's impartiality in the ENIAC patent trial: "Why," it asks, "did he have Honeywell's main consultant, Paul Winsor, as the court computer expert?" The answer is that Winsor did not serve as a court computer expert, but was an expert witness for plaintiff Honeywell. I have consulted Charles Call, a chief attorney for the Honeywell side, and he assures me that such was the case. He explained that there are two kinds of witnesses at trial, as called by each of the two opposing sides. Fact witnesses testify about their own roles and experiences relevant to trial issues. Expert witnesses interpret evidence in accord with their expertise. There is nothing improper, or even dubious, in hearing from witnesses on either side of a dispute, whether fact or expert, in a system that encompasses direct examination, cross-examination, re-direct, and re-cross. Paul Winsor was subjected to examination by both Honeywell and defendant Sperry Rand attorneys. Prior to the trial, Judge Larson, to his credit, did have tutoring on the technical aspects of the case he was about to try, but neither Winsor nor any other expert witness served in that capacity. As to Larson's conduct of the trial, the official transcript reveals a highly competent and attentive judge who was equally strict with both the Honeywell and the Sperry Rand attorneys during their examination of witnesses and presentation of evidence. His decision in the case is a meticulously drawn document that addresses every concern of those attorneys, complete with cross references sustaining the consistency of his findings. The fact that Sperry Rand chose not to appeal the decision, in a case on which so many millions of dollars rode, is testament to the merit of that decision. Now, to Jean Bartik's charge against me. As in her first review, she accuses me of having threatened to blackmail John Mauchly into adding my name to the ENIAC patent, except that the earlier review had it the patent application. The source of this allegation is now revealed to be Mauchly's widow, Kay Mauchly (Antonelli), and the alleged threat is that I would testify in the ENIAC patent trial for Honeywell if Mauchly did not agree to add my name, but for Sperry Rand (here called Univac) if he did agree. I herewith declare emphatically that I never made such a threat, to Mauchly or anyone else, at the 1967 ACM meeting or anywhere else. Moreover, prior to the trial and at Mauchly's request, I signed affidavits giving facts about progress in the design of the ENIAC that the Sperry attorneys thought would help their case for the Eckert-Mauchly patent. Jean also claims that "John Mauchly testified at the trial that Burks had tried to bribe/blackmail him for his testimony." I have a complete copy of Mauchly's trial testimony, which Alice and I both studied while writing our 1988 book, and which we have now reviewed again. We find no such testimony by Mauchly, but rather his repeated acknowledgment that yes, Burks (among others) did make substantial contributions to the ENIAC. (This is a case where it would have helped to have the page number of Mauchly's testimony where he is alleged to have made this charge against me.) Regarding Jean's question on the ultimate utility of John Atanasoff's computer, as distinct from the many basic principles it successfully embodied, Alice's book addresses all of the arguments, pro and con, about the ABC's final state. Jean's further statement that the ABC "was actually `built' for the trial" seems to be yet another inexplicable contention that no such machine was actually constructed. Her "understanding that when Atanasoff left to go to NOL, the University threw whatever he had built in the basement out in the trash" is also erroneous. Atanasoff left for his wartime assignment to the Naval Ordnance Laboratory in 1942, and Iowa State safeguarded his computer in that basement hallway of the Physics Building for six years before dismantling it. Notably, basic parts from the memory and the arithmetic unit were preserved and were later turned over to the Smithsonian Institution, together with photographs. I will close by saying that I am sorry my relationship with Jean Bartik has come to this obviously angry and bitter end. Like Jean, both Alice and I take no pleasure in this exercise. And we fervently hope that these unfounded protestations will cease. Alice's book on this early era of electronic computing is fully documented. Any further "reviews" should include their own documentation-some sustainable evidence-and should refrain from ad hominem attacks and idle speculation on motives. Both of us have written on this very important subject, not out of "sanctimonious viciousness," but out of concern for the preservation of an accurate history. Arthur W. Burks, Ann Arbor, Michigan, USA
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