Bert Verhees wrote:
> Williamtfgoossen at cs.com schreef:
>> In een bericht met de datum 18-12-2006 18:00:54 West-Europa 
>> (standaardtijd), schrijft mattias.forss at gmail.com:
>>
>>
>>> Maybe you're right, the definitions could be added as comments, but 
>>> for proprietary terminology like SNOMED CT this will mean that these 
>>> kind of archetypes can only be distributed to people that have paid 
>>> the license. 
>>
>> Sorry, but Snomed CT cannot be considered a proprietary terminology 
>> given the formal international SDO status from January onward.

Although it is not at all clear that SNOMED CT will be made freely
available to everyone on Earth after the establishment of the SDO. My
understanding is that individual states (countries) will need to
sublicense it from the SDO, in return for a fee, and can then choose to
sublicense it (for free, or for a fee) to its citizens and residents.
The main role of the SDO is to diversify the ownership of the SNOMED CT
intellectual property from the just the College of American Pathologists
to an international non-profit governance body (the SDO). But
"non-profit" does not necessarily mean "available at no cost to all
god's children".

Thus, it may not be legal to transfer archetype definitions containing
parts of SNOMED CT between jurisdictions, even if both the source and
the target jurisdiction both provide SNOMED CT for free to their
residents, because that free and universal national-level provision will
be under *different* sublicences, which almost certainly forbid transfer
of SNOMED CT outside the jurisdiction in question (I am pretty sure the
Australian sublicense for SNOMED CT imposes such restrictions).

Advice from lawyers who are a) familiar with SNOMED CT licensing and b)
with open source and related concepts, is essential here. Much will
depend on national copyright laws, I suspect, as some countries have
specific "fair use" or "fair dealing" clauses in their copyright laws
which may allow small parts of SNOMED CT to be incorporated into
archetype definitions regardless of licensing arrangements, but many
countries do not have such provisions. Expert advice is required before
proceeding to far with embedding parts of SNOMED CT in archetype
definitions, so that the implications and consequent limitations are
well understood. My view is that embedding aspects and/or parts of
SNOMED CT in archetypes is unavoidable, but the implications for data
interchange between countries needs to be understood. None of these
issues are specific to openEHR - they relate to any mechanism for
embedding or encoding information with SNOMED CT.

It may well be that changes to national SNOMED CT sublicenses are needed
to overcome difficulties. That should not be regarded as impossible -
the SNOMED CT national and international governance bodies are keen for
SNOMED CT to be used, not for it to sit on a shelf due to licensing
problems. And no-one is making huge profits from SNOMED CT, thus greed
does not complicate matters.

Tim C

>>
>> Further, most English speaking countries (Cnd, UK, US, Aus, Nw 
>> Zealand) already have a national licence allowing everyone to use it 
>> for health purposes.
> You mean, for free? Paid by the resp. governments?
> 
> That, I did not know.
> 
> Bert
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