Everything is illegal in this country, if they want it to be. Running over a dime and defacing it with your tire, is a federal crime, writing on a dollar bill, ECT.Wulfman wrote:This brings up a question in my mind:
"Is it "legal" for Joe_0206 to distribute proprietary software from his website?"
Good luck.
Den
Please tell me I'm wrong, but...
Use data to optimize your xPAP treatment!
"The art of medicine consists in amusing the patient while nature cures the disease." Voltaire
"The art of medicine consists in amusing the patient while nature cures the disease." Voltaire
- NightHawkeye
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- Location: Iowa - The Hawkeye State
If anyone would tell the manufacture about their mess up, nothing is sacred, even the pink elephant with the blue spots, any way it's getting hard to find green peanuts.
Use data to optimize your xPAP treatment!
"The art of medicine consists in amusing the patient while nature cures the disease." Voltaire
"The art of medicine consists in amusing the patient while nature cures the disease." Voltaire
- NightHawkeye
- Posts: 2431
- Joined: Thu Dec 29, 2005 11:55 am
- Location: Iowa - The Hawkeye State
To put this in context: How many laws have you broken today? Did you come to a complete stop at every stop sign today?
Remember that this software was originally available for download by the manufacturer without restriction. My guess would be that anyone caught with a version for download would be asked to remove it before any legal action could start. If that person didn't remove it then perhaps monetary damages could be claimed but before that seems unlikely. (Of course, I really know nothing about law . . .)
Regards
Bill (just trying to connect dots . . .)
Remember that this software was originally available for download by the manufacturer without restriction. My guess would be that anyone caught with a version for download would be asked to remove it before any legal action could start. If that person didn't remove it then perhaps monetary damages could be claimed but before that seems unlikely. (Of course, I really know nothing about law . . .)
Regards
Bill (just trying to connect dots . . .)
I just went to Respironic website (see below), I still see the download update version available there.
http://software.respironics.com/cgi-bin ... ge=[Encore]
http://software.respironics.com/cgi-bin ... ge=[Encore]
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The fact is Respironics had this software on their site and available for downloading free of charge. I would find it very difficult to comprehend that they could somehow justify it as a mistake. They cannot now come and say remove it or you have to pay for it. They may be well within their rights to sell the upgraded version though.
If someone sends you something by mail and then follows up by sending a bill for it or a demand to send it back if you don't want to pay for it just will not fly in the courts. Otherwise everybody and his dog would be doing this.
If someone sends you something by mail and then follows up by sending a bill for it or a demand to send it back if you don't want to pay for it just will not fly in the courts. Otherwise everybody and his dog would be doing this.
Encore Pro-v1.5
Hey Benz....yep I knew about that link being there that implies the -1.5 download. But when you left click that link, the download process does not start.....instead, a new window comes up that asks you for your ID and password. So unless you have these, you do not download 1.5 at this time.
I'm no attorney, but I can imagine that since Respironics allowed open downloads of v1.5, it might be difficult to enforce copyright issues now. However, if and when they roll out the next software upgrade and do what's necessary to protect their rights with that version, then the picture may look different. Just my guess.
This new look on their website may be an indication that future upgrades will be locked-down.
HP
I'm no attorney, but I can imagine that since Respironics allowed open downloads of v1.5, it might be difficult to enforce copyright issues now. However, if and when they roll out the next software upgrade and do what's necessary to protect their rights with that version, then the picture may look different. Just my guess.
This new look on their website may be an indication that future upgrades will be locked-down.
HP
I was told by Ted at Cpap.com that the 1.5 version was a beta (test) version and that Respironics intended it to allow Encore Pro folks with thier Bi-Pap machine to be able to use the software; it wasn't intended as "freeware," though that has been its practical use.
I agree that they make thier money on the machines not the software; still, it seems a bit odd to allow anyone to get it for free. By the way, I purchased both the card reader and software from Cpap.com before I discovered the free software and 2factors...oh well...don't mind giving cpap.com some extra business; they are great folks.
I agree that they make thier money on the machines not the software; still, it seems a bit odd to allow anyone to get it for free. By the way, I purchased both the card reader and software from Cpap.com before I discovered the free software and 2factors...oh well...don't mind giving cpap.com some extra business; they are great folks.
"I have not failed. I've just found ten-thousand ways that won't work."----Thomas Edison
I like to play by the rules when it comes to software, since I'm a programmer myself. I only take a program for free if the author wants me to. I'm a big fan of free software, but feel you shouldn't "liberate" what wasn't intended to be made free. You are extremely unlikely to be prosecuted for software piracy, so it ends up being a morale issue between you and your conscience. Also an issue that people love to debate endlessly.
So I was leery of installing the Encore Pro software from an unpaid update version. But I did it anyway. I justified it by noting that the software is designed for DMEs and sleep centers and they don't provide support to end users. So its likely they didn't write it to make money off OSA patients directly but rather to convince DMEs to keep selling REMstars because of the nifty software available to track their patients.
Now that they've taken steps to keep people from getting a free copy it shows that they may be serious about selling us a copy. I'll have to decide whether to actually purchase the software in order to be on the up and up.
So I was leery of installing the Encore Pro software from an unpaid update version. But I did it anyway. I justified it by noting that the software is designed for DMEs and sleep centers and they don't provide support to end users. So its likely they didn't write it to make money off OSA patients directly but rather to convince DMEs to keep selling REMstars because of the nifty software available to track their patients.
Now that they've taken steps to keep people from getting a free copy it shows that they may be serious about selling us a copy. I'll have to decide whether to actually purchase the software in order to be on the up and up.
- NightHawkeye
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- Location: Iowa - The Hawkeye State
That makes perfect sense. That's the part of this that was missing. Thanks for enlightening us Slumberer.slumberer wrote:I was told by Ted at Cpap.com that the 1.5 version was a beta (test) version and that Respironics intended it to allow Encore Pro folks with thier Bi-Pap machine to be able to use the software
Not really. It only seems strange these days with "Intellectual Property" rights being so much in vogue. From what we hear on this forum, not many DME's have or want the software so that leaves not much more than us folks here who want to monitor their own progress as potential customers. If they offer it to us for free and the competitors don't, then whose equipment would you choose, all other things being equal (which is pretty close to the truth).slumberer wrote:I agree that they make thier money on the machines not the software; still, it seems a bit odd to allow anyone to get it for free.
From what you've said they deliberately made it available freely, so I now have to wonder how much of a marketing ploy this was. I will say that it worked out well for me though.
Regards,
Bill
Me too. I feel more in control of my therapy with some empirical data and a machine I can tweak to give me the best "numbers" I can get.
I seem to find a stronger correlation between the percentage of time I spend in variable breathing and feeling good than a low AHI and feeling good/rested. Does anyone have similar experiences?
Does anyone else notice any other correlations between how you feel and the data?
I seem to find a stronger correlation between the percentage of time I spend in variable breathing and feeling good than a low AHI and feeling good/rested. Does anyone have similar experiences?
Does anyone else notice any other correlations between how you feel and the data?
"I have not failed. I've just found ten-thousand ways that won't work."----Thomas Edison
New to Game
I have been a hose head for a week now. Still trying to figure out and adjust to what is going on. I'm VERY THANKFUL for this forum.
Where can I get information on what the different numbers mean. I do not have the software or card reader (Yet) but I wouldn't know how to interpret the numbers.
Is there an overview of numbers and interpretations so I could monitor my progress? A Manual for the Lay-person.
Tnx,
Tom
Where can I get information on what the different numbers mean. I do not have the software or card reader (Yet) but I wouldn't know how to interpret the numbers.
Is there an overview of numbers and interpretations so I could monitor my progress? A Manual for the Lay-person.
Tnx,
Tom
- NightHawkeye
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- Location: Iowa - The Hawkeye State
Re: New to Game
Sure you would, Tom. They're straightforward, really. OAI = Obstructive Apnea Index, HI = Hypopnea Index, SI = Snore Index, and FLI = Flow Limitation Index, all expressed as events per hour. That's the hard part to understand. Everything else is easy. Oh, the lower the number the better. Zero is best.roztom wrote:I do not have the software or card reader (Yet) but I wouldn't know how to interpret the numbers.
Yep. Sure is. You're reading it. The more you read, the more you know. When you get to a part you don't understand, just ask.roztom wrote:Is there an overview of numbers and interpretations so I could monitor my progress? A Manual for the Lay-person.
We all go through it.
Regards,
Bill