Free Code Book?

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bennie

Esteemed Member
The court decision, as illustrated in Mike Holt's newsletter, indicates the NEC must be free, and available to everyone, when it is adopted into State law.

This sure will put another spin on code making.
 

bennie

Esteemed Member
Re: Free Code Book?

Charlie: The court ruled that when the NEC is adopted into law the copyrights become public domain.
 

txsparky

Member
Location
Conroe, Texas
Re: Free Code Book?

Bennie,
Any idea when ? I personally would rather use the book.
Right now, the only place that I know of it being available is at a public library.
Donnie
 

bphgravity

Senior Member
Location
Florida
Re: Free Code Book?

Heres the newsletter:

Will the National Electrical Code be Free?

From the SCTE (CATV engineers) mailing list.

On June 26th, 2003 the US Supreme Court declined to take up an appeal from the Fifth Circuit Court of Appeals in the case of SBCCI (Southern Building Code Congress International) vs Peter Veeck.

In summary - Veeck maintains a web site for his area in Texas. Two small towns adopted by reference a SBCCI model building code as their building code law. Veeck then purchased a copy of the standard from SBCCI and posted it on his web site for free downloading. SBCCI sued for copyright infringement, and won at the district court and three-judge Fifth Circuit court. However Veeck appealed to the Fifth Circuit Court for an en banc (all judges instead of the original three), and in that hearing Veeck won and the court reversed the decision.

The rationale of the Fifth Circuit was that once something becomes "the law" it must be freely available to the people. The essence of the decision is that any jurisdiction can make a standard/code its "law", and by doing so effectively wipes out the rights of the copyright holder.

NOTE: the US Solicitor General was asked for an opinion, and based on talking with US Federal agencies - who had widely varying opinions - chose to support the Fifth Circuit decision.

There are two likely things to come out of this. First of all, anyone (at least anyone in the Fifth Circuit, which is Texas, Mississippi and Louisiana) who wants to can apparently buy things like the NEC, NESC, or other codes and make the freely available on the web. Second, organizations like NFPA, IEEE, ASTM and other organizations that develop standards that get adopted as law will have to develop a completely new business model since the majority of their revenue comes from the sale of the documents. Those of you who participate in the NEC, for example, may now find that you have to pay significant dues in order to make up for lost NFPA revenue.

Mike Holt?s Comment: Wow. I called the attorney for the NFPA, but he is on vacation until July 7, 2003. I?ll keep you posted on the NFPA?s position on this issue.

But if you want more info visit:

http://www.ca5.uscourts.gov/opinions/getopin.cfm?loc=99/99-40632-cv2.htm
http://regionalweb.texoma.net/CR/Sj-part.aff.htm
http://regionalweb.texoma.net/cr/AAPS_brief--Amicus.htm
]http://www.infotoday.com/searcher/feb02/ebbinghouse.htm
http://www.infotoday.com/searcher/feb02/ebbinghouse.htm[/quote
 

roger

Moderator
Staff member
Location
Fl
Occupation
Retired Electrician
Re: Free Code Book?

Could this be the beginning of a reduced NEC? :D

Roger
 

bennie

Esteemed Member
Re: Free Code Book?

This is like the motor vehicle driving code. The State adopting the articles will be responsible for printing and distribution of the book.

This could bring back each State having its own code.

I actually think the States will adopt the installation standards, not the NEC, and make the standards "recommended only" not mandatory. Liability will be on the installer.
 

bill addiss

Senior Member
Re: Free Code Book?

I think it would be foolish to expect FREE code books. Someone (maybe everyone) will have to pay for them. If the State or jurisdiction has to buy them or print them it will show up in increased taxes, or permit fees, or somewhere.

Bill
 

william runkle

Senior Member
Location
Michigan
Re: Free Code Book?

Well personally I do not mind paying for the NEC but how about getting the NEC Handbook free. I do realize that getting the NEC Handbook free will not happen. In Michigan the State gives their copy of the admendment free to all licensees, they must figured you would have to own a NEC to pass their test.
 

david

Senior Member
Location
Pennsylvania
Re: Free Code Book?

I would think this requirement would be the same as any legal reference. There is a copy kept at the legal library at the courthouse, usually the county seat. That document is free for public viewing but cannot be checked out of the library. Our library charges 10 cents a page for any document you wish to copy.

I would think if you want a copy at home you?d have to buy your own.
 

pierre

Senior Member
Re: Free Code Book?

This is going to affect more than just the NEC, it is going to be interesting to see just how this will effect the construction industry. I bet this will take some time before we see the results of this ruling.

Pierre
 

brian john

Senior Member
Location
Leesburg, VA
Re: Free Code Book?

This will most likely work itself out, the NEC may be free on websites, but the book will still be for sale. Law firms still like to own their books, as will most electricians. Heck I own 3 copies of the NEC (current issue) truck, home office and a handbook somewhere.
 

bennie

Esteemed Member
Re: Free Code Book?

In regard to the court decision, how will this affect UL standards?

Oregon has a law that all electrical equipment and material be listed. Will this court ruling require the testing and listing standards be made available at no cost? The cost now is prohibitive to most individuals.

My son in law is a corporate attorney, he agreed the court decision will be difficult to over rule by another court. The law is clear when a procedure becomes a law or ordinance, the documents creating the law become public property.
 

jxofaltrds

Inspector Mike®
Location
Mike P. Columbus Ohio
Occupation
ESI, PI, RBO
Re: Free Code Book?

"The court decision, as illustrated in Mike Holt's newsletter, indicates the NEC must be free, and available to everyone, when it is adopted into State law."

Free and available does not mean a free copy of the NEC will be available to everyone. The ORC (The Ohio Revised Code) is on the internet. This doesnot mean that the state has to give mean a written copy of it.

States and cities will still have to purchase the NEC. They will not be handing out free copies of it.

Mike P.
 

bennie

Esteemed Member
Re: Free Code Book?

The code book does not have to be free, only the code.

Each State that adopts the NEC for enforcement will be required to print or post the code articles for access to everyone, at no cost.

It's the old law of the west...It is cruel and unusual punishment to charge the convict for the rope used to hang him. :D
 

don_resqcapt19

Moderator
Staff member
Location
Illinois
Occupation
retired electrician
Re: Free Code Book?

Bennie,
Each State that adopts the NEC for enforcement will be required to print or post the code articles for access to everyone, at no cost.
There is nothing in the 5th Circuit's opinion that requires that the code be made available online. The 5th Circuit only said that the online publication of a building code that has been adopted by a unit of government does not violate the copyright of the code publisher. The adopting authority must have it available for inspection and anyone would be permitted to make the adopted code available online without risk of copyright infringement, but no one is required to place the code text online. Note that at this time, this decision, only applies in the states of Texas, Louisiana, and Mississippi. Online publication of copyrighted codes in other states my be met with civil court lawsuits by the copyright holder.
Don

[ July 17, 2003, 08:43 AM: Message edited by: don_resqcapt19 ]
 

bennie

Esteemed Member
Re: Free Code Book?

Don: I don't mean that the court decision makes it necessary to furnish the written law free of charge.

It is a State law in most if not all states that all laws adopted must be accessible to the public at no cost.

Adopting the NEC has been in an illegal manner since day one. This will change.
 

gwz2

Senior Member
Location
Indiana
Re: Free Code Book?

As previously noted, many municipalities have copies of the NEC and Ordinances for public view with-out cost. Furnishing a copy usually requires a fee per page.

The fee is for the cost of the paper and time, i.e., not for a profit.

[ July 06, 2003, 03:44 PM: Message edited by: gwz2 ]
 
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