That 'pen' computer is probably an early tablet. Some manufacturers (eg,
Fujitsu) called their first tablets 'pen'. So I would recommend asking in a
tablet group.

Whether or not there is an issue with the physical transfer of files from
Windows 98 to XP depends only on the hardware involved. There is no issue
at all with the physical transfer of files from Windows 98 to XP as far as
the operating systems are concerned - a file is a file is a file. But if
there was no common compatible transfer medium (eg, Compact Flash Card) or
if there was no way to physically connect the machines together (eg,
connecting to a common network) then the transfer may have been declared too
difficult.

If the reference to the operating systems being incompatible is taken at
face value, that means there was a conversion problem, not a transfer
problem (how could he know there was an incompatibility unless he had
attempted to access the file?). It is very common that people who switch
from W98 to XP find that they can no longer access their files. Questions
about this in the XP newsgroups are common. For instance, they might have
had MS Works in Windows 98, but their XP came with Office. Unless they are
aware of the problem, it appears that their files are inaccessible. The
solution is actually simple, and any half competent PC tech should be able
to answer it immediately.

For the tablets, the problem might be more significant. As the document is
recorded as a graphic, not text, it is possible that conversion is more
difficult. I would be surprised if it was impossible, but it may have been
difficult enough to make it easier to recreate the files (why you would do
that in the same format, having just experienced such an incompatibility
issue, I don't know, but people have done much stranger things than that
with important files). People in the tablet groups would be up to speed
about accessing W98-format handwritten files from XP.

If that's what happened, the rewrite would have been dated the date it was
actually done, and if he wanted it to look like the original then he needed
to go back and change the dates. Again, that probably isn't too difficult to
do, but it appears that instead he chose to rewrite it by hand once again.
(Note that the dates the file system uses are probably not relevant - the
date that prints on the document is almost certainly a date recorded in the
document, not the date that the OS records for the file).

But I think the point is moot. Whether or not he could have done the
transfer from W98 to XP, he didn't. Similarly, whether or not he could have
forged the dates in the rewritten file, he didn't. Instead he created a
handwritten copy from the copy he had on the XP tablet.

It seems to me that there are two possible issues you could consider. One
'hole' you might investigate is whether it is regarded as acceptable to
provide a copy of a copy (both, presumably, not notarised) in response to a
request for the original notes. I know that when I was investigating
documentation that was required to be maintained by law, any claim that the
original was no longer available had to be supported by evidence, or the
copy would not be accepted. For instance, if it was on a PC that was
stolen, where were the police reports, insurance claim etc? In this case,
where is the account from the PC technician who attempted to do the file
transfer/conversion and failed? The problem here is that it seems that the
copy of a copy has already been accepted as adequate.

The other question that might be relevant is where are the original notes
now? Did they get transferred to the XP tablet and if so can they now be
provided for someone else to view and transcribe (or, as is likely possible)
convert to XP format and print? If they didn't get transferred, is the
original W98 'pen' (or its backup media) available for examination? If the
original isn't available then are there any issues regarding proper keeping
of records that need to be investigated?
--
Jeff Richards
MS MVP (Windows - Shell/User)

"shemar" wrote in message
...
Mine is a most bizarre request for information and I don't know where to
post
it.

To give a brief summary of why and what I am looking for, I filed a
complaint with the College of Physicians and Surgeons of Alberta (the
governing medical board for doctors practicing in this province) against
a
psychiatrist who minimized sibling sexual abuse as a "common occurrence"
without asking any pertinent questions about the abuse (i.e. How old was I
.
. . How old was my brother . . . Etc.). This minimization was the cause
for
reinforcing all the negative feelings I had about myself (a common effect
of
abuse, whereby the victim blames his/herself).

The College decision favored in the doctor. About a week after receiving
the College's decision, I received a copy of my file as recorded by this
psychiatrist, in which the College based their decision. Within minutes
of
receiving this file, I noticed a discrepancy in the content of the file
and
had alerted the College right away. When I reviewed it further, I found
multiple differences of what he wrote and what actually occurred. The
whole
file had been rewritten from beginning to end, which led me to file
another
complaint of fraud. In the course of this investigation, it became known
that the doctor did indeed rewrite my file, not once but twice and he gave
the following explanation:

He had a "pen" computer with Windows 95 and when he bought a new pen
computer with Windows 98, he had no trouble transferring files from one
computer to another. Then in 2002, he bought a "tablet" computer with
Windows XP. He is maintaining that the operating system of Windows 98 was
not compatible to Windows XP and therefore he ran into problems
transferring
files forcing him to hand write all his file notes into the new computer.
When I had filed the standard of care complaint against him, he went to
print
out the file to send to the College and found that it had a "computer
generated date" on each printout that didn't correspond to the actual date
of
the session but rather it reflected the date on which he "rewrote" the
file
into the new tablet computer. He felt that I would be upset if I saw this
computer generated date, so he rewrote it again, and sent the College a
copy
of the handwritten file to their request for a copy of the "original"
file.

The College was willing to believe him to the extent that they ruled in
his
favor again.

I am appealing the College's decision and am looking for any holes that I
can possibly find in the doctor's above noted statement. I am hoping to
find
that there were *no* issues with transferring files between these two
operating systems, casting doubt on his statement whereby the College is
forced to look seriously at my complaint of fraud. Where would I find
any
information about transferring files from Windows 98 "pen" to Windows XP
"tablet" and if there were any compatibility difficulties between them?