How I Use Rare Coin Provenance Analysis & Source Code Review to Win High-Stakes IP Disputes

When software becomes the battleground in a legal fight, expert witnesses like me step in. This isn’t just a niche. It’s where technical skill meets courtroom drama—and where outcomes hinge on details most people overlook.

Here’s what most miss: code alone isn’t enough. The real story? It’s in the provenance. The chain of custody. The metadata. The forensic trail.
I learned this the same way coin collectors authenticate a rare 1804 Dollar. Every scratch, every document, every hand it passed through matters. In my 15 years as a tech expert witness for IP disputes, I’ve used that same logic to crack cases worth millions. The James A. Stack Collection? It’s not just a famous coin story. It’s a masterclass in digital forensics.

Why Tech Expert Witnesses Are the New ‘Coin Detectives’

You wouldn’t buy a coin without knowing its history. Why accept code without one?

In rare coins and software IP, the real question isn’t *what* you’re looking at. It’s *how did it get here*?
Did it evolve organically? Was it copied? Altered? Stolen?
I don’t just read code. I follow its footsteps. I audit version control like a historian tracing a coin’s ownership. I examine commit histories, branching patterns, and developer fingerprints. I map the digital “coin pedigree” to answer: Was this built in-house? Or is it a clever forgery?

The Digital Provenance Framework

Just as the 1804 Dollar has Class I, II, and III classifications, I classify software by its origin:

• Class I (Original Development): Built from scratch. Clean git history. Clear design docs. No suspicious third-party code.
• Class II (Derivative Work): Based on existing code, but properly licensed. Modifications are documented. No secrets hidden in the comments.
• Class III (Restrike / Copy): A near-identical copy. Reverse-engineered or stolen. Gaps in the git log. Timestamps don’t add up. Looks “too perfect” to be real.

One fintech case stands out. A trading platform claimed its algorithm was original. I found a config.json file tucked inside a Docker image labeled “release-2020”. But the file itself? Last modified in 2018.

// config.json (extracted from Docker container)
{
  "algorithm_version": "v2.1",
  "last_modified": "2018-03-14T12:45:22Z",
  "developer_id": "dev-7821",
  "license_key": "EXP-2025-ABC123"
}

That timestamp didn’t match any public release. It did match the plaintiff’s internal build logs. Add identical variable names and comment styles, and it was clear: the defendant had accessed the original code. Likely through a former employee. Game over.

Source Code Review Is the New ‘Coin Grading’

PCGS and NGC grade coins by strike, luster, and surface. I grade code by its digital integrity. Here’s what I check:

• Code lineage: Can every file trace back to a real developer? Or are there anonymous commits?
• Version control hygiene: Are commits meaningful? Signed? Or just one big dump labeled “final version”?
• Metadata consistency: Do timestamps, git logs, and build records tell the same story?
• Third-party dependencies: Are open-source libraries used properly? Or are they buried, relicensed, or stripped of attribution?

Practical Example: The “Missing Commit” Problem

Last year, a defendant swore their AI model was built in-house. Their GitHub told a different story.

• Commits from January 1–15, 2022: Zero
• Commits from January 16–31, 2022: 47
• All from admin@client-dev.com—no individual names
• No pull requests. No code reviews. No branches.

That’s like finding a coin with no documentation. A courtroom red flag. I used git log --pretty=fuller --graph --all to show the jury the unnatural “bulk upload” pattern. The judge called it “suspiciously convenient.” The plaintiff won.

Tools I Use Daily as a Litigation Consultant

• GitPrime / PluralSight Flow: Spot team velocity, code ownership, and who’s really writing the code.
• CodeScene: Reveals “hot spots” in development. Finds inconsistent styles—like a coder’s fingerprint.
• Hex-Rays / Ghidra: Reverse-engineer binaries when source code is missing or obfuscated.
• EnCase / FTK: Extract data from hard drives, cloud backups, or employee devices. With full chain of custody.
• SPDX / FOSSA: Audit open-source licenses. Critical when a single dependency can sink an IP claim.

These tools let me ask: Who wrote this? When? On company time? On a work laptop? Or did they copy it from a public repo at 2 a.m.?

Building a Legal Tech Career: The Expert Witness Path

Are you a CTO, senior dev, or freelancer with deep technical skills? This path is high-margin, low-overhead. And demand is growing.

Step 1: Specialize in a Niche

Generalists get ignored. Pick a lane:

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• FinTech (payment systems, blockchain, trading algorithms)

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• AI/ML (model training data, IP attribution)
• Embedded systems (IoT, automotive, medical)
• Cloud architecture (SaaS, microservices, containers)

Step 2: Build a Forensic Toolkit

Create a repeatable process for:

• Code acquisition (with documented chain of custody)
• Metadata extraction (timestamps, git logs, build records)
• Code comparison (using diff, WinMerge, or AST matching)
• Reporting (simple visuals for judges and juries)

Step 3: Get Certified

• EnCE (EnCase Certified Examiner): The gold standard for digital forensics.
• GCFA (GIAC Certified Forensic Analyst): For deep technical analysis.
• CITI Program: Useful for cases involving user data or AI ethics.

Step 4: Network with Law Firms

Start small. Offer pro bono analysis. Write clear, technical white papers. Speak at tech-law events.
My first big case? A Silicon Valley IP partner read my post on “How to Spot a Fake GitHub Repo.” He called the next day.

Real-World Case: The ‘Stack Heir’ Scenario in Software Disputes

Remember the mystery of the “newly discovered” 1804 Dollar? No one knew how it stayed hidden. Software has its own “hidden heir” cases.

In one CMS dispute, the defendant swore their version was built in 2015. But I found a LICENSE.txt file in a minified JS bundle. It referenced the plaintiff’s 2008 software—with their name and a dead domain.

// LICENSE.txt (hidden in minified JS)
Copyright (c) 2008-2015 Acme Corp. All Rights Reserved.
Unauthorized use of this software is prohibited.
See https://acme-cms-legacy.com (domain expired 2016)

Sound familiar? Like a wealthy heir “rediscovering” a family treasure. But metadata? It never forgets.

Actionable Takeaways for Tech Professionals

1. Document everything. Every commit. Every design choice. Every third-party library. Your future self will thank you.
2. Use proper version control. Don’t zip folders and call it a backup. Use Git. Write clear commit messages. Sign your work.
3. Audit for IP risks. Run scancode-toolkit to find hidden code. Don’t let a third-party dependency sink your case.
4. Keep metadata clean. Don’t alter timestamps. Use Jenkins or GitHub Actions. Make builds reproducible.
5. Consider expert witness work. It’s not just for lawyers. Tech pros with forensic skills are in demand.

The Future of Legal Tech Careers

The James A. Stack Collection teaches us this: provenance matters. History matters. Documentation matters.
In software, it’s no different.

As an expert witness, I don’t just “analyze code.” I tell its story. I connect dots across time, people, and systems. In IP litigation, that story is everything.

Whether you’re a CTO protecting your company’s IP, a freelancer defending your work, or a VC assessing risk, understanding digital forensics isn’t optional. It’s essential.

The next “1804 Dollar” won’t be in a drawer. It’ll be in a git repo. A cloud backup. A developer’s laptop.
And the people who can find it—and prove where it came from—will shape the future of legal tech.

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