On Dec 12, 2007, at 7:59 AM, Bob Scheuermann wrote:
> If I understand this correctly, I am in copyright violation if I
> manually create an implementation guideline for any transaction set
> without buying some table data from someone?
Yap, that is what DISA/X12 is trying to do. They tried that in the
very early 1990'th when Premenos made available on their web site the
X12 standards. DISA/X12 back down when informed by Premenos' lawyers
that the IP contained within the standard was the collective IP of
those that contributed to the creation and unless each and every one
had signed over their IP to DISA/X12 the only claim they had was the
copyright over the published layout of the directory. Since Premenos'
layout was very different from that of the published directory the
material continued to be made available.
I am no lawyer, and are not giving any legal advice, but my
understanding is that copyright law covers only the form or manner in
which ideas or information have been manifested, the "form of material
expression." Therefore I conclude, as did Premenos that anyone can
reproduce the X12 directory as long as the format was not that of the
DISA published directories. Since software developers are storing the
data in their application specific format there is little chance, if
any, that they even come close to encroach on DISA/X12's copyright.
Klaus
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