I wrote it confusing, so I try again, it is because English is not my
first language and the subject is a bit complicated to explain in
another language..
There is no IP-claim on any part of the kernel-concept, except from on
the literally text of the specification (copyright)
So anyone building a kernel can license it to his customers as he
wants, open source, closed source, whatever. There is no payment at all
required to the OpenEHR-foundation.
When using sourcecode trom the OpenEHR-website, one must comply to the
terms agreed when using that sourcecode. That can differ. But one can
always (without any payment done to who-ever) write a kernel from
scratch and sell it to who-ever he wants for any price which seems
reasonable.
I hope it is clear now.
If someone disagrees please report this.
Also if Gerard Freriks disagrees I would like him to report this, and
discuss this.
Thanks
Bert Verhees
Op 10-2-2010 17:24, Bert Verhees schreef:
Please consider the previous as not being send. Thank you
Op 10-02-10 15:35, Gerard Freriks schreef:
Stef,
It is a good step.
But not sufficient.
That OpenEHR artifacts are published with such a Creative Commons License policy attached to it is a good thing, I agree.
But when a new Reference Model, Archetype Model, Template models change and are published that decision is made by the owners because they own the IP and can issue any new License policy they wish.
Our customers do not want to be held hostage when they invest in the exiting new technology based on En13606/openEHR.
They are taking enough risks already, they feel.
Then minutes ago you did not now about this, you were talking about the
organization-model which would impose IP?
No that is proven wrong and still you know it is not sufficient?
How do you know what you customers feel about this new knowledge you
just (ten minutes ago) heard of?
I come back to this later, because your remarks do raise questions.
(IP = intellectual property)
Anyone considering using OpenEHR, read carefully
It is impossible to attach IP to an RM-implementation to build. It is
not
patented, so anyone can build an implementation.
Same story for the Archetype Model.
The only thing that can carry IP is a RM-implementation (copyright) but
that is as with any software-product you license.
You can only protect an idea by patents, there is no other way. You can
protect an implementation of an (ICT) idea by copyright on sourcecode,
but that only applies to the specific implementation.
So we must ask: Is there a patenting application? Do you know, does it
seem likely?
To me it does not.
Let me explain:
As soon as the OpenEhR foundation would consider that, it would be a
big problem because many people volunteered, and I think OpenEHR would
be quickly out of business.
In my opinion it is impossible to patent it because many people
volunteered, and a lot can be considered as "prior art".
We also have the lache-doctrine. You cannot patent anything which you
let people use for years.
I think an patent-application on the OpenEHR: RM or AOM is impossible.
So if it is not patented, anyone can build an implementation without
considering any IP. That is very sure. I have dealt a lot with patents.
Anyone who does business with me can go to a lawyer to check, and if it
is not true what I write in here, I pay the lawyer-bill.
Conclusion: OpenEHR-foundation has no IP on implementations.
Maybe there is IP on the published archetypes, IP in the form of
copyright. I don't know. But if that is the case anyone is free to
create his own archetypes, IP-free.
end of subject
It looks to me as if you are looking for ways to publicly discouraging
hospitals to use OpenEHR. Why is that?
What is the matter Gerard? You used OpenEHR for years, you invested
lots of time and money, even build your own implementation, and now you
discovered that you cannot use it? That you have to pay?
Where you sleeping that you did not think about these urgent
IP-questions you bring up here?
A strange story.
regards
Bert Verhees
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