Gilmore
Gilmore v. U.S. Department of Energy
Opinion
Opinion
Orrick, J.
OPINION AND ORDER
In this action brought by John Gilmore (“Gilmore”) against the United States Department of Energy (“DOE”) under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 , both parties now move for summary judgment. For the reasons set forth below, DOE’s motion for summary judgment is granted in part, and denied in part. Gilmore’s motion for summary judgment is denied in its entirety.
I.
On December 8, 1993, Gilmore filed a FOIA request with DOE, seeking access to all agency records pertaining to the CLER-VER conferencing technology. CLERVER was created by Sandia National Laboratories/New Mexico (“SNL”), is owned by San-dia Corporation (“Sandia”), and has been licensed to several private parties, including SunSolutions, Inc. (“Sun”). CLERVER is video conferencing software that allows people in different geographical locations to simultaneously collaborate on complex technical drawings and schematics using their desktop computers. Gilmore requested a copy of CLERVER, as well as all documentation relating to CLERVER, including the source code. He also requested all records that pertain to the rationale for making CLERVER available to Sun, but not to the general…