A man condemned to execution has subpoena'd secret source code from GitHub for a program that the court used to analyze evidence. (If the program is flawed, that might invalidate the conviction.) But GitHub is in another state, and has ignored the subpoena for years.

The article explains that the difficulty of accessing secrets needed as evidence can drive people to please guilty.

In this particular case, the court should conclude that it can't get the source code, therefore it can't trust that program, and overturn the conviction. Society should adopt a general rule that programs used to evaluate evidence for a court must be free/libre so that their validity can be analyzed.