BARNES ÞBURG LLP
Suite 4400
One North Wacker Drive
Chicago, IL 60606-2833 U.S.A.
(312) 357-1313
Fax (312) 759-5646
Melissa A. Vallone
(312) 214-8314 www.btlaw.com
mvallone@btlaw.com
April 16, 2008
VIA EMAIL, FACSIMILE and REGISTERED MAIL
James H. Bushart P.O. Box 0062
High Hill, MO 63350-0062
Re: National Home Inspector ExaminationlBoard of
Professional Home Inspectors, Inc. — Infringement of NHIE
Copyright
Our File No. 38912-100
Dear Mr. Bushart:
We represent the Examination Board of Professional Home Inspectors, Inc. (“EBPHI”). As you know EBPHI owns and provides the National Home Inspector Examination (“NHIE”) for a fee. The NHIE is developed, maintained and administered to accepted psychometric standards for a high-stakes, public protection examination, including those recommended by various licensing and certification associations.
EBPHI has taken great measures to protect the confidentiality and proprietary nature of the NHIE Exam. In addition, the NHIE is the subject of a U.S. Copyright registration.
We recently became aware that you have advertised on an InterNACHI message board that you have 980 questions and answers to the NHIE and that you are willing to distribute them. We attach a copy of your message board printout for your reference.
The copyright for the NHIE and all associated materials are owned by EBPHI. Your offer to copy, distribute and display the alleged NHIE constitutes willful copyright infringement, as well as tortious interference and unfair competition. Your admissions of copying and distributing the alleged NHIE support a claim of willful copyright infringement. You have confirmed that you had access to the copyrighted work, that it is
- an identical copy of the copyrighted work and that you openly offer the NHIE test for anyone who emails you. Under the applicable United States Copyright Laws, willful copyright infringement carries severe economic penalties and possible criminal penalties.
James H. Bushart
April 16, 2008
Page 2
In addition, you claim that you received the complete copy of the NHIE test as a free bonus when you bought some practice questions for the ICC Exam. You also offer to provide proof that the test has been compromised.
We are requesting that you provide us with such proof and the details of the entity or individual that allegedly provided you with a complete copy of the NHIE. As you know, EBPHI and its test administrators exercise extreme caution in preventing the copying, distribution, display or breach of the confidentiality of the NHIE test.
We demand the following:
- A complete copy of the NHIE test questions which you claim to have;
- The immediate destruction of all copies of the NHIE test questions which you claim to have;
- Identifying information of the individuals who provided you with the alleged copy of the NHIE test questions; and
- Immediate posting of the following message on the InterNACHI message board and any other place where you have published this information:
“Copies of the NHIE test will not be distributed. The NHIE test is the property of the Examination Board of Professional Home Inspectors, Inc. (“EBPHI”) and is subject to copyright protection. I acknowledge that the NHIE test is not public domain material.”
We are in need of your written agreement to these demands within the next five (5) business days, on or before April 23, 2008. If we do not receive your response by the end of this period, we will take all necessary steps to fully protect EBPHI’s intellectual property and to enforce its rights.
Very truly yours,
BARNES & THORNBURG
Melissa A. Vallone
MAV/clb
Attachment
cc: Examination Board of Professional Home Inspectors, Inc.
CHDSOI MAV4600I3vI