I think then the problem is the word respect. "Will not infringe upon a
patent" is not the same as 'respect'. One is s legal requirement, the other is
an intellectual or emotional choice. When I read the response, I first
thought perhaps I missed a definition of respect. So I checked to see what
Webster defines it as: 1 : a relation or reference to a particular thing or
situation <remarks having respect to an earlier plan> 2 : an act of giving
particular attention3 a : high or special regardb : the quality or state of being
esteemed c expressions of respect or deference
1 a : to consider worthy of high regard b : to refrain from interfering
with
2 : to have reference to
We must not see the word respect the same way. Since what IBLCE means is
"will not infringe upon" why not simply use those words? I read everything in
the definition of respect that is exactly what I will NOT offer for a patent
on human milk components or cells. Also, some of the definition is
completely unacceptable: High or special regard or to refrain from interfering with.
I understand everyone's point that this is semantics and those of us who
are arguing are making a big deal over nothing because this is not what the
tenet means. It seems to me that if this is not what the tenet means the word
respect is the wrong word, and changing it would solve the dilemma for those
of us with religious reasons or moral code reasons for being at odds with the
idea of respect.
This is the statement as it stands: "25. Understand, recognize, respect,
and acknowledge intellectual property rights, including but not limited to
copyrights (which apply to written material, photographs, slides, illustrations,
etc.), trademarks, service marks, and patents. (Implementation date: December
1, 2004)
This is an alternative that clarifies the meaning: Understand, recognize,
respect and acknowledge the intellectual property rights of others. Be aware
of and follow copyright laws of infringement which apply to written material,
photographs, slides, illustrations, etc, trademarks and service marks. Obey
patent laws.
I have no problem respecting someone's work in any written form or
publication--even spoken words at a conference. (Though to be honest I will likely
have a very hard time remembering exactly who said what wonderful thing I
repeat--I do usually say, "not an original thought of my own") And, I accept the
laws of my land require I follow certain laws regarding patents--none of
which expect me to 'respect' them.
I am sorry. I realize some see this discussion as detracting from the work
of breastfeeding. I disagree. I am being asked to accept something into the
code of ethics of my certifying organization something that is counter to my
religious beliefs. I totally respect that there are concerns about using
other's work and calling it your own. I really do 'get' where this came from
and the meaning attached to it when written. However, just because you mean
one thing when you write something, does not prevent it meaning something else
to those that read it. I think the code of ethics of our profession should
be able to mean exactly what it says. No one should need to say "oh no, that
is not what it means."
I want to thank Valerie for drawing our attention to this matter. When I
first read the new tenet, I thought nothing of it. However, her thoughts showed
me where one word can lead. I think a discussion list for lactation
consultants is the perfect place to discuss this issue and while it may not matter to
all on the list, it does not detract from the work of breastfeeding.
On a specific concern, if in December 2004 when this is added, I will not
agree to it as currently written, what does that mean? Must I stop practicing
as an IBCLC?
Pam MazzellaDiBosco, IBCLC
FL, USA
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