Hi Fred,

There has been progress.  The new API should be showing up any day
now.

Jerry

On Sep 2, 10:14 am, Fred Trotter <[EMAIL PROTECTED]> wrote:
> Has there been any progress towards the new product specific legal
> agreement?
>
> -FT
>
> On Jul 9, 6:46 pm, Jerry <[EMAIL PROTECTED]> wrote:
>
> > Hi Fred,
>
> > Thanks for your thoughtful post.  Needless to say, the "Trusted
> > Tester" agreement is an agreement that is applicable across Google
> > products, and is not specific to Health.  We are in the process of
> > streamlining access to the APIs, and are planning on removing the
> > "Trusted Tester" step and putting up a legal agreement that is product-
> > specific.  We hope that you'll stick around as we work through this
> > transition.
>
> > Best,
> > Jerry
>
> > On Jul 9, 1:34 pm, FredTrotter<[EMAIL PROTECTED]> wrote:
>
> > > I have received an invitation to be a "Trusted Tester" which is
> > > essentially a light weight Non-Disclosure agreement. I have some
> > > issues with this.
>
> > > To start, it should be noted that I am a technology blogger and
> > > commenter, I have every intention to compare on my blog, the developer
> > > interface of Google Health vs. HealthVault. Second it should also be
> > > noted that I am an advocate of FOSS in healthcare.http://gplmedicine.org
>
> > > With those things in mind:
>
> > > Section 7 of the Trusted Tester Agreement states that I will not
> > > disclose "the fact that Participant is participating in this Program;"
>
> > > How exactly am I to write about my experiments with your API without
> > > giving that fact away?
>
> > > Section 7 of the Trusted Tester Agreement states:
> > > "Participant shall not and shall not attempt to copy, reproduce,
> > > alter, modify, reverse engineer, disassemble, decompile, translate, or
> > > attempt to discover any prototypes, software, algorithms, or
> > > underlying ideas which embody Google's Confidential Information; and
> > > (e) Participant shall not create or attempt to create derivative works
> > > of or from Google's Confidential Information except as expressly
> > > described herein and such derivative works may not (x) directly or
> > > indirectly violate any (1) laws (2) proprietary rights, or (3)
> > > Google's Software Principles"
>
> > > I remind you that you are not creating another gmail. You are creating
> > > a Healthcare application. You have broadly defined "Confidential
> > > Information" to include "the Product itself". I can assure you, given
> > > the functionality that I have seen within Google Health there is
> > > absolutely nothing that is included there that is, by itself ,an
> > > impressive feature. What is impressive is the fact that it is hosted
> > > in your cloud, connected to gmail, and connected to your various
> > > search
> > > functions. In short, what is impressive is that it is Google is doing
> > > the PHR, not actually the functionality you have.
>
> > >  This portion of the agreement specifically prohibits me from creating
> > > a FOSS implementation of your API, which is something that I am loath
> > > to agree to. Generally I believe that the "ASP loophole" that allows
> > > Google to leverage open source software to deliver services is not a
> > > loophole at all, you have no moral obligation to me to release code
> > > that merely provides a service to me. At least at the moment I
> > > consider this compatible with both the spirit and the letter of FOSS.
>
> > > However, the idea that *only you* can provide that service IS contrary
> > > to the spirit of FOSS. You are asking me to limit what I can develop
> > > in order to get access to your API. Your limitation could be
> > > interepreted to imply that I do not have the right to "reproduce" any
> > > "underlying ideas" in "the Product". How exactly could I contribute to
> > > the Indivo or Tolven projects (both of whom have PHR functionality
> > > today that Google Health does not yet offer) with such a broad
> > > restriction?
>
> > > I am taking a slightly different stance than Stallman,
> > > (who believes firmly that the code to even video
> > > games should be released under the GPL). I am making the case that
> > > Stallmans core argument, that software licenses that restrict liberty
> > > are immoral, apply to HealthCare software far more clearly than
> > > anything else. The arguments that I am making here strike at the
> > > center of the "Don't be Evil" ethos. You want to offer a PHR service?
> > > fine. You want to restrict FOSS developers from creating an
> > > alternative FOSS
> > > implementation of your system? that is evil. You can read more why I
> > > believe this here.
>
> > >http://www.fredtrotter.com/2007/10/19/healthvault-failing-the-seven-g...
>
> > > In a matter of laughable irony, Microsoft has specifically committed
> > > to allowing open source alternative implementations of the API to
> > > HealthVault. They are using their new patent covenant for this
> > > purpose. Coming from Microsoft this is a pretty amazing stance. Your
> > > testing agreement stands in especially stark contrast considering
> > > this.
>
> > > One wonders what "Confidential Information" is actually being
> > > protected by this agreement? I can already test the frontend as part
> > > of the public beta, and I can already read the (excellent BTW)
> > > documentation on the API. I can read the forums as you support your
> > > community.
>
> > > I am inclined to believe that that the purpose of this document, at
> > > this stage, may be to ensure that I have agreed to all of the items
> > > besides number 7. Aside from what I have mentioned above, I have no
> > > problem with your testing agreement.
>
> > > Microsoft has a similar problem.
> > > The language that I, and Dr. Peel, have both attacked regarding
> > > Microsoft's ability to host HealthVault data off-shore is
> > > "boilerplate". I believe It is there because the HealthVault team does
> > > not have enough internal pull to get things re-written "just for
> > > them".
>
> > > Is that the problem here? If I may provide an outside
> > > perspective: The idea that your relationship with alternative
> > > implementations for Google Health would be at all similar to
> > > alternative implementations of gmail or Google Maps is insulting. Your
> > > CEOs speech at HIMSS talked about how your search engine incidentally
> > > saved a mans life. But now you are building software where that
> > > happens centrally, not incidentally. Every decision you make regarding
> > > "intellectual property" (which strikes us in the FOSS community as
> > > ironic: most of it is not particularly intellectual, and it works
> > > nothing like real property) policies have a tremendous moral
> > > implications. For instance, you have paid to license your drug
> > > database, but when you extend your service to Africa, you will find
> > > that the OpenMRS installations, (which will be all over the continent
> > > by that time) cannot afford to match you. How will they integrate
> > > medications?
>
> > > I wish that I could just click "accept" and move past this, after all
> > > I doubt
> > > anything would ever come of it. I can see how you might feel that I am
> > > harping, and I often feel the same. Still, every FOSS developer I know
> > > would have a problem with Section 7.
>
> > > How can we resolve this issue?
>
> > > Obviously given how well this parallels Microsoft's "offshore the
> > > data" policy issue, this will become the basis for HealthVault vs.
> > > Google round 2 article.
>
> > > Thanks,
> > > -FredTrotterhttp://www.fredtrotter.com
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