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ICC sues IAPMO

Yikes

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Got this email this morning from ICC:

Dear Friends and Colleagues,

Over the past several years, the International Association of Plumbing and Mechanical Officials (IAPMO) has been issuing evaluation reports and acceptance criteria without our permission that copy extensively from reports issued and copyrighted by the ICC Evaluation Service (ICC-ES). We have become increasingly concerned about this practice and on numerous occasions have expressed those concerns directly to IAPMO leadership. Despite repeated efforts over the past two months to resolve this situation informally and amicably, it has become clear that IAPMO is not interested in appropriately addressing our concerns. While IAPMO rewrote some offending reports after recent complaints, we have concluded that several of the re-writes continue to infringe ICC-ES copyrights.

We have reluctantly determined that our only remedy at this point is to turn to the legal process to force IAPMO to stop using our protected content and claiming it as their own. Accordingly, ICC-ES filed a lawsuit today in the United States District Court for the District of Columbia against IAPMO to stop its unauthorized use of ICC-ES materials and its knowing infringement of ICC-ES copyrights. We have reviewed IAPMO’s actions thoroughly, and we are confident that we have compelling evidence to support our legal claims.

As you know, the reputation of the ICC Family of Companies, and the public’s confidence in all Standards Developing and Conformity Assessment Organizations, rests on our collective commitment to upholding the highest standards of integrity and transparency. IAPMO’s repeated practice of passing off the work of others as its own is deeply troubling, and raises serious questions about its commitment to those values. IAPMO must join ICC and other standards organizations in operating as models of principle and integrity if we expect governmental entities and our citizens to continue to trust us to be stewards of the nation’s system of building safety.

The International Code Council is a member-focused organization, and we owe it to all of our members – who remain committed to providing the highest quality of codes, standards, products and services – to hold IAPMO accountable for its actions. Over the past years, the Code Council has tried to remedy this situation informally. IAPMO’s response has been to intensify its inappropriate behavior. Having exhausted all other avenues, we are now prepared to let the courts resolve the matter.

We will keep you apprised of developments, which can also be found on our website at www.iccsafe.org, and are deeply appreciative of your ongoing support during the upcoming legal proceedings. We are committed to promoting public safety, protecting the work of our team, and taking the steps necessary to highlight and correct this situation.

Dominic Sims Alex C. Olszowy III

Chief Executive Officer ICC Board President
 
I received the same email and wondered what's the beef?

I think ICC has a point if IAPMO created new acceptance criteria that plagiarizes an ICC AC. But, how does IAPMO violate ICC's copyrights by having a similar evaluation report with the similar format. I would think the intellectual property would be the evaluation itself rather than the report format. Or, are they claiming that ICC ES is the only agency that can evaluate products per an ICC AC.
 
@@ ~ @

IAPMO "may" be taking ICC's ES Reports, ...removing a few words here and there,

adding a few words here and there, and listing it as a valid Evaluation Report from

them [ i.e. - IAPMO ] without incurring the costs of the actual testing.

Getting various products approved for entrance in to marketplace here in the U.S,

is a very costly process.

& = &&
 
ICC-ES Acceptance Criteria state that they can only be used to create ICC-ES ESRs.
 
North star - I don't think the ICC ES does any testing. They evaluate the test results paid for by the manufacture.

Mark K - Thanks for the info. I looked at a couple copies of older Acceptance Criteria (back when anyone could download them for free). They all say "Acceptance criteria are developed for use solely for purposes of issuing ICC-ES evaluation reports." And, "The purpose of this criteria is to establish requirements for (insert type of product ) to be recognized in an ICC Evaluation Service, LLC (ICC-ES), evaluation report under the. . ." I wonder if they strengthen the wording in newer editions. Or, there are other restrictions I missed. While it states the purpose and why they are developed, it does not prohibit other uses. But, I am not a lawyer. I guess it s time for the courts to decide.
 
North star - I don't think the ICC ES does any testing. They evaluate the test results paid for by the manufacture.Mark K - Thanks for the info. I looked at a couple copies of older Acceptance Criteria (back when anyone could download them for free). They all say "Acceptance criteria are developed for use solely for purposes of issuing ICC-ES evaluation reports." And, "The purpose of this criteria is to establish requirements for (insert type of product ) to be recognized in an ICC Evaluation Service, LLC (ICC-ES), evaluation report under the. . ." I wonder if they strengthen the wording in newer editions. Or, there are other restrictions I missed. While it states the purpose and why they are developed, it does not prohibit other uses. But, I am not a lawyer. I guess it s time for the courts to decide.
The way copyright works in Canada is the copyright is applied to the works once it is complete, registering a copyright of something is not necessary, but is usually done where litigation is likely. Stating that other uses are not prohibited would simply be restating the law, not the basis for the law. I would imagine there are similar provisions in the US.
 
It is my understanding that the ICC's intention is that IAPMO or other entities cannot base the issuance of an evaluation report on an acceptance criteria developed by ICC-ES.
 
It is my understanding that the ICC's intention is that IAPMO or other entities cannot base the issuance of an evaluation report on an acceptance criteria developed by ICC-ES.
State Codes and consensus standards (ASCE 7) refer to ICC acceptance criteria and ICC has no gripped that these mentions would bypass the need for an ICC report. And actually the bypasses have happened already.
 
We must accept that ICC-ES has an effective monopoly and a cash cow in the form of evaluation reports. IAPMO has the audacity to provide competition and ICC does not like this. If you support competition you need to wonder.
 
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