June 1, 2006
Hayward Zwerling, M.D., ComChart™ Medical Software LLC 275 Varnum Avenue, Suite 101 Lowell, MA USA 01854
Dear Dr. Zwerling:
It has recently come to our attention that branded and copyrighted documents produced by the Certification Commission for Healthcare Information Technology (CCHITSM) have been copied, altered and republished on your Web site. We thought you would want to know that this use and alteration is in direct conflict with the copyright statement at www.cchit.org, specifically:
You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of CCHIT, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the CCHIT Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with CCHIT or the applicable owner of such content. Except as expressly authorized by CCHIT in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Web Site, (b) access to this Web Site or (c) use of this Web Site or of any services or materials available through this Web Site.
While we appreciate your interest and support for CCHIT’s efforts, we have concerns that the alteration and republication of our materials may result in confusion for individuals considering the purchase of electronic health records (EHR). One of our concerns is that you have represented the Ambulatory EHR Functionality Criteria as the entire set of criteria, excluding the Interoperability and Security Criteria sets from your reference.
We request that you remove the following document from your Web site immediately: http://www.comchart.com/CCHITCertification_ComChartEMR.pdf
We think we understand what you are trying to accomplish with this document. We would like to provide help in doing that in a way that will protect the integrity of the certification process and prevent possible buyer confusion. In its place, we would offer the following suggestions:
Thank you for your immediate attention to this matter. If you have any questions, please feel free to contact me directly.
Sincerely,
Alisa Ray Executive Director
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