RadioReference Receives a DMCA Takedown Notice from Priority Dispatch Corp.

[slicerwizard]

I'd add the demand letter to the wiki page, along with links to other copies of the information.

 

[ElroyJetson]

Is information that is contextually equivalent to the content of a protected copyrighted work, but acquired via third party sources, the protected copyrighted work?

I'm no lawyer but I believe the answer is NO.

If you aren't copying from a copyrighted document, and got the information by other channels, you should be OK.

From SFU:


What materials are NOT protected by copyright?



Some things are not protected by copyright. For example, copyright does not protect factual information or data, titles, short word combinations, names, characters, slogans, themes, plots, or ideas. These may be used or copied without permission or payment of royalties (unless they happen to be protected under trademark law).


The relevant content of the page under assault consists primarly of short combinations of letters and numbers and brief descriptive phrases.
It would appear that this information would be difficult to copyright, and if challenged in court, the copyright would not be upheld.


The data in question isn't copied out of a copyrighted and published document, right? It may carry some of the same information but the salient part is that it's not copied from a copyrighted work.

I don't think they can copyright "1-D-1", OR the phrase "Not alert". To cite a single example.

In this case, take a cue from the Ukrainians on Snake Island: "Russian Warship, GO **** ****SELF."

My belief is, they don't have a case. And don't want you to know that.

 

[natedawg1604]

I say the company lawyer should give a 3 hour power point presentation explaining why it's copyrighted, and why no one should look at it or make copies.

Again I reiterate, DO NOT read this wiki page!! Don't print it out or share it with friends either 🙈

 

[6079smithw]

Do NOT under any circumstances copy and paste everything from the Wiki into a word document and save it on your computer. Do NOT do it ‼‼

I absolutely did NOT, just like you said! (Made a .wpd instead.)

 

[trentbob]

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.

What are they getting so worked up about. $225,000 a year. In their dreams.

They would be popping the champagne corks if they could actually shake you down like that. Some ba*ls on that company.

If you have to take it down, take it down, just don't make it easy for them.

$225,000 a year , offer them $225 for a one time fee and a byline but they have to provide annual updates.

 

[PrivatelyJeff]

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

https://www.rogersar.gov/DocumentCenter/View/1022/EMD-With-Response-Codes-42010-PDF?bidId=

https://co.davidson.nc.us/DocumentCenter/View/98/EMD-Nature-Codes-and-Determinants-PDF

https://www.loudoun.gov/DocumentCenter/View/58172/FRG-Ops-4111---Emergency-Medical-Dispatch-Guidelines---3-Feb-09---Revised

Here in California too: https://www.co.fresno.ca.us/home/showpublisheddocument/37706/637818994967170000

 

[ur20v]

You mean like this?

Thanks for saving me the trouble 🤣 Downloaded.

 

[SteveSimpkin]

Weird Al, Don’t Download this Song

 

[RFI-EMI-GUY]

They should 26 Omega 20 themselves.

 

[VicradioZone]

Given the amount of ESO representation on here be cheeky and send them an invoice for $225k for product representation, awareness and advertising among said ESO's and potential new customers.

 

[rsmtmpw]

Question: If these codes are being used by US AND Local Government agencies, doesn't the Freedom of information Act Apply to these codes, and therefore are public access available?

 

[Randyk4661]

This kind of reminds me of when Disney tried to copyright the word "Tron". If a word contained tron like "electronics" in print Disney could sue for infringement.
The courts had to get involved before this was stopped.
I'll let the lawyers figure this one out but It will take some time to resolve depending how hard the plaintiff wants to fight this.

 

[blantonl]

Question: If these codes are being used by US AND Local Government agencies, doesn't the Freedom of information Act Apply to these codes, and therefore are public access available?

Not necessarily.

I've filed many a FOIA request, and if there is proprietary information that is part of the request, or third-party companies, consultants, etc that are part of the FOIA (or their information) the agency will forward the FOIA request those third-parties for their review to see if any confidential and/or trade secrets etc are part of the FOIA and whether or not that info should be exempted from the FOIA.

The FOIA process is designed to protect private companies trade secrets and allows for exemptions.

Theoretically, if you filed a FOIA with your local agency to get access to these codes, the agency could send the FOIA to Priority DIspatch's lawyers for their review, and Priority Dispatch could formally request that the agency not release the info under trade secrets etc.

But this isn't necessarily what we're talking about here. But food for thought.

(I've been through a contentious FOIA request about 20 years ago that I had to negotiate with and fight the agency on, and they appealed it all the way up to the State's Attorney General who was none other than hot wheels himself, Greg Abbott. He ruled against me and called me a potential terrorist.)

 

[AB5ID]

How are these codes used I'm not familiar? Are they used by voice or transmitted digitally?

 

[jake_Braker]

"Furthermore, it’s worth noting that the information published on your website is outdated and inaccurate..."

I find that bit interesting...

I noticed that too. If it's outdated, why would they care. And the argument that the users might get confused looking it up, there should be a key that's constantly updated by the providers

 

[wbloss]

" impractical and dangerous practice of freelance call-taking "
Now that's a heckuva hrase!

 

[wa8pyr]

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.

Having worked with CAD and public safety communications for many years, my opinion is that info doesn't look like anything that would be given over the air; that looks more like something that's specific to the CAD product in question and not generally given over the air. It's way too detailed and complex for the typical 911 dispatching situation, and determining that level of detail on an emergency call would delay dispatch.

I'm also curious about "National Academy of Emergency Dispatch." That would seem to imply something that's standards-based, and if I recall correctly, copyright is limited on a public standard.

That being said, if the referenced codes are given over the air, and someone has figured out what they mean, then I don't see where there's a copyright violation. If that info in the wiki was pulled straight from a product manual or help screen, then they potentially have a claim.

Of course, you could pull the info, but since the Wiki is user-edited, what's to stop another user from posting the info in a slightly different format and claiming they figured it all out by over the air monitoring?

 

[ecps92]

Guess the Wiki needs an update, based on our "out of date" info -
Thanks Fresno for some 2022 updates

Here in California too: https://www.co.fresno.ca.us/home/showpublisheddocument/37706/637818994967170000

 

[PrivatelyJeff]

Guess the Wiki needs an update, based on our "out of date" info -
Thanks Fresno for some 2022 updates

I believe Kern county uses them as well because I seem to remember seeing them there a couple years ago and being like “this is confusing as hell, glad I don’t work there”.

 

[PrivatelyJeff]

Having worked with CAD for many years, my opinion is that info doesn't look like anything that would be given over the air; that looks more like something that's specific to the CAD product in question and not generally given over the air.

That being said, if the referenced codes are given over the air, and someone has figured out what they mean, then I don't see where there's a copyright violation. If that info in the wiki was pulled straight from a product manual or help screen, then they potentially have a claim.

Of course, you could pull the info, but since the Wiki is user-edited, what's to stop another user from posting the info in a slightly different format and claiming they figured it all out by over the air monitoring?

Yeah, crews don’t and wouldn’t care about whatever the codes mean. They want the address and anything that has to do with patient access. The why is fairly irrelevant because the calls can always be WAY different than what was said on the radio.

Yep, that’s just reverse engineering and generally has been legal forever.