Here's a google search with some relevant results.

epiphyte78,

Thank you for the "update". I have been sporadically following this "issue" on the Orchid Source Forum.

Last autumn, I listened to Chris Rehrman state that the AOS and OW were approaching agreement. According to Andy Easton in the OSF, this doesn't appear to be the case at this moment.

--Stitz--

The two parties are disputing whether orchid award data is protected under copyright or not. One side says yes, the other says no. Looks like the lawyers will have to settle it out.

I like OW and use it all the time. I like AOS but seldom use it. That being said I hope they settle and move on.

Unfortunately, virtually everything about the dispute that's appeared on the web has been quite sketchy and second or more-hand, so it's hard to know what if anything is the really key issue.

I don't know much about software-related IP law so I can't comment on it, but I think the main issue is that OrchidWiz accesses the AOS program's underlying database to display photographs. You do have to own the AOS program (separately) to see the photos in the first place, but I guess AOS argues OrchidWiz doesn't have the legal right to access their database. Without knowing the law, I think they have a point to a degree, but where the law is concerned, the devil is always in the details. (g)

The AOS's position is also complicated by its relationship with award photographers, who retain the copyright in their photos and merely license the AOS to use them for certain purposes. The AOS might or might not have a legal right to license them to an outside entity even if it benefits the society. So whatever agreement AOS and OrchidWiz has to take that into account or there'd be the potential for a lawsuit on behalf of the awards photographers too if their concerns aren't addressed in any agreement between AOS and OrchidWiz.

The AOS might also be claiming that the award data itself is copyrighted, but I doubt they put much faith in that argument which is, indeed, a pretty big loser. If that were their entire argument, I doubt OrchidWiz's owner would even bother to return their phone calls. (lol)

If the question is award statistics, it sounds a lot like Major League Baseball and fantasy sports teams. The numbers are numbers.

Photos are different. For my photos, for example, if someone links to one of my web pages I have no problem, but if they link to the photo directly I would consider it not only inappropriate use but bandwidth theft as well. It could be the location of the photos that is the issue.

Alex does not have any AOS award photos in OrchidWiz. Those which ere there were taken out a long time ago and replaced with donated photos (I have at least a couple hundred to forward on to him, if I ever can remember). The argument now is over award data, such as dates, names, flower descriptions, etc.

The OW program has so much more than just award data in an very user-friendly format. Highly recommended. Can be bought off eBay as well as directly from Alex.

"The OW program has so much more than just award data in an very user-friendly format."

I agree!

--Stitz--

It appears to me AOS wants monetary compensation for using the award photos.

Jane

If you have been following it over time, the award photos were removed long ago when the AOS complained, and OrchidWiz replaced them with donated photos belonging to collectors and dealers. So now the AOS is claiming that it has a copyright on the actual data about the awards. That is doubtful for many legal reasons.

The real reason the AOS is upset is because their own awards program, AQ+ (which includes their award photos), is so unfriendly to use that most people are choosing to buy OrchidWiz instead. The whole thing really gets nasty, so I will drop it here. It is obvious I don't have a lot of respect for the AOS and its leadership anymore. But I am fair-minded enough to take their side IF they were right. I don't believe they are. I think they are just trying to destroy the real competition.

It's a very complex issue; not just a matter of good guy/bad guy. Go over to the other forum and look in their AOS section; it is being discussed in depth (I DON'T mean the AOS Forum; I doubt they would ever allow a fair discussion of both sides in this dispute).

I am free enterprise minded and purchased Orchid Wiz and could not be happier with the product. I could care less who's feelings are hurt or who's wallet is hurt. I want the best value for my money.
The reason I chose OW was not only the information about pedigree but especially cultivation. The best bonus of the current version over the first one that came out 5 or so years ago is the Journal function which allows you to catalogue your own plants in a very detailed manner as well as record events such as repotting etc. Furthermore, you can upload your OWN photos to your plant journal of each specimen.
I have no financial interest in this product but would LOVE to be a paid spokesperson /wink

I haven't followed it at all but received an email from AOS regarding the dispute. It stated that Alex was sending out statements which were false. I have no interest in either side but was curious as to the dispute.

I have the old version of OW and never updated it. I rarely use it and always found it frustrating to use. I've been a member of AOS for many years and enjoy their magazine.

I'm not a serious hobbyist and due to life changes, less so.

Jane

OrchidWiz is awesome. Just use it and enjoy.

The AOS is supposed to be a club / nonprofit? For promoting orchids. I joined in 1970 and dropped out in early 2000. Reason was, they became a rule making, rule following black hole for money and grandeur. They changed the magazine format for what? I never saw one promo to get it out to the public. They squandered the Vaughn donation and countless others and pandered to their cliques and cronies. Worst of all they supported international regulations which have killed more orchids in 30 years than all of the orchid growers and collectors who have ever existed combined.

The Orchid Wiz works, the data should be public domain, as judges are volunteers and the AOS should be working with Alex, not hindering him. Maybe they could come out of the black hole if they returned to the mission statement of PROMOTING ORCHIDS and cut the squabbling about ownership out. Ego has taken its toll on the AOS and it appears to be another organization milked by the elite.