RadioReference Receives a DMCA Takedown Notice from Priority Dispatch Corp.

blantonl

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See below:

Legal Department
J. Simón Cantarero
Direct +1 385 715 xxxx
simon.cantarero@prioritydispatch.net

April 18, 2022

VIA USPS and EMAIL: legal@radioreference.com

Lindsay C. Blanton III, President
RadioReference.com
1150 N Loop 1604 W, Suite 108
San Antonio, TX 78248

RE: Notice of Infringement
Digital Millennium Copyright Act of 1998 (DMCA)

Dear Mr. Blanton,

Priority Dispatch Corp. (“Priority Dispatch”) is the exclusive world-wide proprietor of the Emergency Priority Dispatch System (“EPDS”) for emergency disciplines. The EPDS is an emergency protocol system licensed to emergency dispatch centers and Public Safety Answering Points (PSAP) throughout the world. The EPDS is currently in use in 54 countries and in 27 languages. The EPDS includes, among other things, Key Questions, Pre-Arrival Instructions®, Post-Dispatch Instructions®, determinant codes and descriptors for three disciplines: Medical, Fire, and Police.

The Medical Priority Dispatch System (MPDS®) is the original and most advanced emergency call-taking system in the world. It allows emergency communication centers to eliminate the impractical and dangerous practice of freelance call-taking. The structured approach guides call takers to quickly gather the right information, dispatch the right help, and when necessary, provide lifesaving support. The Fire Priority Dispatch System (FPDS®) is the most comprehensive, up-to-date Fire/Rescue Protocols, Pre-Arrival Instructions® and Post-Dispatch Instructions® in the world. The Police Priority Dispatch System (PPDS®) is the leading structured police call-taking system of protocols and instructions, designed to assist emergency dispatchers gather and relay additional critical information to police to increase officer, victim, and bystander safety.

Priority Dispatch has expended considerable time, effort, and resources in developing its intellectual property and in perfecting its rights. The EPDS is protected by national and international patents, trademarks, and copyright laws, as well as laws and conventions and treaties protecting intellectual property rights. The MPDS®, FPDS®, and PPDS® are extremely valuable business assets that differentiate Priority Dispatch from the competition. Consequently, Priority Dispatch is very vigilant and active in pursuing those that reproduce, distribute, copy, publicly display, or adapt their contents (in whole or in part) without authority or consent. In addition, the MPDS is protected in the U.S. by 21 issued patents and 4 pending patent applications, and there are 110 issued foreign patents and 30 pending foreign patent applications protecting the intellectual property abroad. Only authorized and properly licensed users may use in any way or have access to the MPDS®. Consequently, Priority Dispatch has reasonable expectations that others will respect its intellectual property rights.

Priority Dispatch has recently become aware that a RadioReference.com webpage has been posted with unauthorized copyrighted information belonging to Priority Dispatch. The infringing content can be seen at Priority Dispatch Codes - The RadioReference Wiki (last visited April 16, 2022).
Specifically, the copyrighted information we are concerned about is referred as “the dispatch determinants (codes) utilized in the Priority DispatchingTM system by the National Academy of Emergency DispatchTM (NAEDTM)” and includes “alphanumeric codes” and “generic text descriptors for each code, and any applicable suffixes (special situations).” The information online, accompanying tables, and descriptions are part of the EPDS, and as such are not authorized to be posted.

In light of the foregoing, we respectfully request that you immediately remove these materials from the aforementioned webpage, and from any other webpage or similar publicly available medium under your custody or control, and notify me in writing confirming this action no later than April 22, 2022.
In the alternative, you may continue to publish the above-referenced webpage with Priority Dispatch’s Determinant Codes and Descriptors for an annual fee of $225,000, payable thirty days from the date of this letter, and annually no later than January 31 of each following year. If we do not receive written confirmation that Priority Dispatch’s copyrighted information has been removed by the appointed date, and the webpage is still up and active, we will initiate billing or seek a restraining order to protect our rights. Furthermore, it’s worth noting that the information published on your website is outdated and inaccurate, and would be considered potentially dangerous if used or relied on by PSAPs, responders, or the general public.

I have a good faith belief that the use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner nor its agent, or by protection of law.
I swear, under penalty of perjury, that the information in the notification is accurate and that I am authorized to act on behalf of its rightful owner and on behalf of an exclusive right that is allegedly infringed.

This notice is written without prejudice to or waiver of our rights, all of which are hereby expressly reserved. If you require further information, I can be reached at the numbers listed at the top of this letter.

Respectfully submitted,

/s/ J. Simón Cantarero General Counsel

cc: Jeff J. Clawson, M.D.
Medical Director and Founder
International Academies of Emergency Dispatch

Brian Dale
President
Priority Dispatch Corp.
 
Last edited:

blantonl

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Thank you for sharing with us, and your response or planned action @blantonl ?
I haven't decided yet.

My legal counsel and I plan to first review their patents to see how much of this information is already publicly available in their filed patents. That's a first step.

Dr. Jeff Clawson, the founder of all this stuff, seems to be a pretty well respected and runs a bunch of organizations that work around this type of stuff (training, standardization, categorization / prioritization) for public safety agencies.

Obviously, there must be big money in all this stuff that Clawson developed, given the following:

In the alternative, you may continue to publish the above-referenced webpage with Priority Dispatch’s Determinant Codes and Descriptors for an annual fee of $225,000, payable thirty days from the date of this letter, and annually no later than January 31 of each following year.
I'm still gathering more information here, and of course, for those of you that work in PSAPs and/or associated public safety agencies, I'm curious as to your feedback on this system/protocol etc.
 

RaleighGuy

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I haven't decided yet.

My legal counsel and I plan to first review their patents to see how much of this information is already publicly available in their filed patents.

I'm still gathering more information here, and of course, for those of you that work in PSAPs and/or associated public safety agencies, I'm curious as to your feedback on this system/protocol etc.

Numerous, non-copyrighted government websites post the information. For example...



 

JHW2

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Morganton, NC
My local PSAP went balls to the wall over these codes. Had to follow the questions, even if the answers were obvious. Couldn't just give plain English.
Haven't worked in the PSAP for several years, but know that as far as listening to calls, they've backed off this protocol a lot. Sometimes you get the code, sometimes you don't, and it's always accompanied by Plain English.

And locally, only on Medical. Not Fire or Police.
 

imonitorit

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Location
Indian River County, Florida
I worked closely with an agency that used their system. It was a nightmare. Especially new people getting trained.

When they were on a hot call, their first priorioty is finding the right code to enter since it didn't let you skip ahead and enter the address so you could quickly look up what unit(s) to send. This actually delayed the response and created tunnel vision. Very bad for a new person to do, a seasoned dispatcher can make it work.

My message to Priority Dispatch Corp.:
Get your program working right before you get on the high horse of how great you think you are.

And RR: Keep doing what your doing and don't be bullied. Maybe you can just list the Protocal field and not all the other details.
 

DualReverse

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PDC is the business arm of NAED (therein composed of NAEMD, NAEFD, NAEPD), and their international cousin, IAED, which govern the EPDS. The IA organizations are responsible for the standards and research that goes into the establishment of the protocols, which are then published and sold by PDC in the form of printed protocols, CAD-based integrated software, and the ever-popular 'certifications' that they bestow. I hate Clawson and the IAED/PDS with a passion, but the research they have done, both on the communications and clinical sides is not disputable. The problems that agencies have with PDC/IAED are honestly due many times to a misunderstanding of their system. It (the protocols, the response algorithm recommendations, etc) are meant to be implemented in their entirety, not ala carte. So, yes, agencies and dispatchers will not like the system if its only used for it's interrogation and not the response recommendations or Omega level referrals.

The maintenance fees that my agency pays PDC are for protocol updates, technical support, and recertification.

IAED has representatives on various NFPA (1221,1061) committees, and various ANSI and APCO/NENA Standards workgroups.

Submitted for consideration,
IAED #1003778
 

12dbsinad

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Tell them not to worry, the last time those codes were edited was on 10/24/21. There are enough copied and pasted scenarios that if you deleted it today it really wouldn't matter. They are a little late in the game.

Should be plain English anyway.. can't believe agencies actually pay money for this BS
 

blantonl

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There are pretty significant First Amendment considerations here along with Fair Use of this company's "protocol."

Copyright law also generally doesn't provide for provisions for copyrighting the ingredients of a recipes, nor processses and procedures.

If we were reselling access and/or providing consulting services or methods for implementation of this protocol in software processes etc that would be a whole different story.
 

Motoballa

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Dallas, Texas
Furthermore, it’s worth noting that the information published on your website is outdated and inaccurate, and would be considered potentially dangerous if used or relied on by PSAPs, responders, or the general public.
But they'll let you keep it posted for $225,000 a year lmao, what a joke
 
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