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TWHBEA Enforcement Committee Clarifies Copyright Position





 

The TWHBEA Enforcement Committee met on Monday, July 26th, as scheduled, to investigate the alleged misuse of horse registry information, by certain individuals for commercial purposes. Unfortunately, a scheduling conflict prevented those organizations and their representative from attending. The committee had been so advised, in advance, and had received a request for a new meeting time, which will be honored. 

In the interim, the Executive Committee would like to clarify some of the discussion and misinformation which is buzzing around the industry. 

    1. Our sole purpose is simply to protect the TWHBEA Registry and to uphold and enforce all By-Laws, Rules and Policies that have been established for all members. TWHBEA, its staff and Directors have a duty to its membership and the breed to preserve and protect its foundation. Rules, regulations and policies have been established to do just that, and we are duty bound to enforce them. The By-Laws stipulate the following: 

    As a member of TWHBEA, or a non-member using the privileges thereof, you are obligated to abide by the rules (Article VIII, Article X, Article II.) 

     

    2. The information contained in the Lineage software, which is produced by TWHBEA, or the TWHBEA iPeds database, is confidential horse registry information compiled and owned by TWHBEA. Upon installing and using this information, you agree to the following:

        1. The Lineage Software system and database includes confidential horse registry information compiled and owned by the TWHBEA. Use of information in the database is restricted to registered users, for personal, non-commercial purposes only.

        2. The Lineage Software database, compilation of registry data, and other Lineage software content, are each protected by U. S. copyrights for non-commercial, personal use only. No information or material from the Lineage Software system may be reproduced or distributed for any commercial purpose. ©TWHBEA 1997-2003. All Rights Reserved.

        3. Use of the Lineage Software system and registry data is also subject to the Rules and Regulations of the TWHBEA.”  

    3. We do not seek to diminish anyone’s ability to do business. A prosperous TWH industry helps everybody, certainly TWHBEA. Any member in good standing is free to use the information on all our programs to promote their horses, to buy or sell their horses, to research horses, etc, but not to collate information into data banks for mass marketing activities using our proprietary information. The latter is what we are investigating. 

    4. Please keep in mind that these exact rules and guidelines were established by previous Executive Committees, beginning at the July 29, 1991 Executive Committee meeting. Those individuals were attempting to protect and to preserve the registry and its membership. Anytime these rules, regulations and policies appear to have been abused or violated, it is our responsibility to research and investigate these incidents. We would be derelict in our duty to do otherwise. Our programs are designed for the sole use of our members, and their use is clearly explained in all our breed information.  

    5. At this point, all actions, concerning the possible misuse of membership lists and/or registration information, are efforts to find out facts. No charges have been filed, and pending the outcome of the investigation, may or may not be filed. 

    6. It was reported earlier, that discussions related to this matter were conducted in Executive Session at the Monday, July 26, 2004 Executive Committee meeting. That is completely false. At the July 26 meeting, the Executive Committee did, in fact, go into Executive Session twice to discuss pending contracts, that concerned privileged information, and the second time was to accommodate the schedule of Mr. John T. Bobo, our Association attorney. At no time, during Executive Session, was this matter discussed or even mentioned. All references and discussions were made in open session, with visitors and reporters present. 

    7. The Enforcement Committee acted within their charged authority when they were notified of inquiries that had been received by TWHBEA. Those inquiries came from a number of sources, in various forms, but none, originated from any member of the current Executive Committee or TWHBEA officers. 

    8. This press release, issued by TWHBEA President Jerrold Pedigo, is issued as directed by the TWHBEA Executive Committee on the 2nd of August 2004.

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