|>> The 2005 NEC was on CD was a protected PDF file and could easily be |>> hacked using a $19 PDF ripper made in Russia as I recall. The 2008 |>> NEC on CD is not so easily done since it is in a different format. |>> The NFPA is constantly trying to catch these people. |>
|> I can disable any secuity feature in a PDF document. |> You would be suprised how clever you can become when you forget your own |> password to password protected documents. |>
|> experience talking. |>
|>
| Wasn't there a ruling by the 5th District Federal Court that said that if a | city, county, etc incorporated the NEC by reference into their ordinances | that there could be no charge for access to the ordinances?
I don't know if this was done. I do know it has been tried and failed in some places.
The whole idea here is that there is substantial cost in developing this kind of technical regulation. This is beyond the capability of most juridictions to do it on their own at anywhere near the level of thoroughness the NFPA does it now. There's also value in a national scope of consistency. If such a ruling (especially if expanded to all districts or upheld by SCOTUS) were in effect, it would mean that NFPA's source of funding to do the research would be in jeopardy. The only alternative would be to charge jurisdictions for referencing the NEC, which would be very hard to do for something anyone can freely copy.
A proper ruling would require that the pricing be reasonable. It should be such that the cost of publishing, printing, and distribution is covered, and leave enough so that the "profits" cover the NFPA costs to keep the NEC up to date on an ongoing basis. Fair use should be provided for, as well, which should allow people discussing the issue in general. However, quoting the NEC as consulting or engineering work product should be limited, since this is a case of commercial gain from copying. OTOH, NFPA should provide for a reasonable work product licensing scheme. AHJ's should not need to quote the NEC for inspection purpose. They can simply cite the number of the paragraph(s) that apply and possibly reference how the code applies to the inspected work. But even if an AHJ copies the applicable paragraph for a red tag, I don't see that as a point of commercial gain.
One fair use I do think is appropriate is for libraries to make legal copies available for home-owner do-it-yourself people to read. Better they have an easy means to read it than not.