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not controlling as to whether it is necessarily research because of
the different environments in which the tasks are attempted.
Further, Dr. Davis contended that technical risk49 cannot entirely
be eliminated from any project, even up to and through the time of
production.
Dr. Davis explained that routine software development is
characterized by the use of commercially available tools or known
methodologies, both applied within their expected limits, and
skilled practice.50 He stated that routine tasks often include the
moving of an existing application to a new operating system or to
a new machine, translating code from one programming language to
another, or putting a new interface on an existing code. Dr. Davis
asserted that these projects, although difficult and challenging
and requiring considerable time, effort, and skill, are not
research but merely the typical part of any development effort.
Further, Dr. Davis maintained that although routine software
development often involves uncertainty, trial and error, and
experimentation, such factors do not convert the projects into
49 Dr. Davis defined technical risk in his initial report
as arising "when we don't know whether it's possible to
accomplish the task in the current state of the art." However,
at trial, Dr. Davis amended his definition by stating that
technical risk can arise due to constraints in, for example, the
type of hardware used or the resources available. In this
regard, once again Dr. Davis suggested that technical risk, like
his definition of research, was a matter of degree.
50 As an analogy, Dr. Davis referred to the building of a
skyscraper which, although a large and difficult task, involves
the application of known methodologies and skilled practice.
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