Do not forget that the other side also has the risk of fighting a long legal battle too. It's not just one of us against a bully. If there was an industry wide cooperation to push back, I'd take odds that HomeSafe was as much at risk of as one of us as an individual. I greatly doubt the multinational corporations that manufacture the tools are afraid. And, what Kibbel said. Nicky, whatever possessed him to play such a small time maneuver, has helped these folks, while wrapping himself in the guise of a savior. It's carnival sideshow entertainment that hurts us in the long run. Loden asked me to put this up here in TIJ. It's the responsible and intelligent approach. Important Notice from ASHI Threat to the Home Inspection and Thermal Imaging Industry For years ASHI has quietly monitored the inspection industry landscape for threats to our profession. Through a grass roots network of members, committees, chapter leaders, the Council of Representatives and the Board of Directors, we effectively survey--and when needed--react to changing conditions. ASHI is also the only association of professional home inspectors with a lobbyist in Washington DC, allowing us to protect the entire profession from regulation that would be adverse to the profession and promote positive policy, thus enhancing the home inspection profession and adding value for our clients. Now a threat to our profession has materialized. First recognized by some ASHI members in 2008, the threat has now reached a critical stage and requires all members' attention and consideration. This threat is from a company in Oxford, Mississippi, HomeSafe Home Services, incorporated in 2003. One of the HomeSafe cofounders, while working as a researcher at a university in Oxford, Mississippi, used industry-developed infrared techniques and technology to supplement his acoustic research to locate termite colonies inside the walls of buildings. Over the course of several years, the researcher and his associates developed patents on procedures related to the use of infrared camera technology in a residential structure. While much of his work can be shown to be from widely documented procedures developed by others in the 1980s and 1990s, the patents applications were submitted to and approved by the US Patent Office. These patents are now the basis of claims being made against inspectors and thermographers who use infrared camera technology. Around 2005 or 2006 HomeSafe began sending letters to home inspectors and energy auditors who use infrared cameras in evaluating homes, threatening legal action for patent infringement. HomeSafe claims, "It is impossible to perform a complete and accurate inspection or even a partial inspection with an infrared camera without utilizing HomeSafe's patented methods and infringing." Additionally they allege, "If you are using an infrared camera to detect anomalies in a home related to indoor air quality, energy loss, moisture intrusion and electrical hazards among others, you are violating HomeSafe's patents." ASHI established a task force in 2011 to assess these threats. The task force consulted a number of expert patent attorneys from around the country and also worked to assemble a coalition of industry stakeholders to determine the veracity of HomeSafe's claims. As the task force continued its work, the threat from HomeSafe appeared to diminish and over the past year ASHI has been monitoring the situation. On August 7, 2013 HomeSafe filed its first lawsuit in the Northern District of Mississippi for patent infringement against a home inspector in Tupelo, Mississippi. ASHI learned of this action on August 19 and immediately began taking steps to reactive the work of the task force and make contact with industry stakeholders. Our intention was to assist this inspector who is a member of another inspection association to ensure he had the information and resources he needed to protect his assets. In the meantime, the owner of the defendant's home inspection association stepped in, before the court date for the defendant response on August 28, and offered to pay HomeSafe a cash settlement to drop the suit. While it might have been intended as a generous gesture, this offer and acceptance of cash provides HomeSafe a quick win and additional funds to file more legal action. This ill-advised payment to HomeSafe will further embolden them to pursue their legal strategy. In the end, while certainly a godsend for the inspector involved, this can mean more threats and more suits by HomeSafe against home inspectors. Be aware that there are also some in the home inspection industry beginning to report they have a "magic bullet" or "shield" against HomeSafe's threats. They lead their members to believe that if a thermographer adopts their "procedure," they will be protected. Before you accept this, you should consult with a patent attorney. You are likely to discover that while the tactics suggested might be marginally helpful if you have to defend yourself in court, those tactics are in no way likely to deter or prohibit HomeSafe from engaging you in a civil action in US Federal Court. ASHI is taking positive steps to assist its members who use thermal imaging as a part of their business. ASHI's actions will also benefit any residential thermographer, regardless of association or industry affiliation. An ASHI 2011 member survey indicates that today there are close to 2,000 ASHI members using thermal imaging in their business, and there are many thousands more across the thermal imaging community. ASHI will engage all thermographers and the thermal imaging support industry to join our coalition and develop a unified strategy to protect the interest of our members. This will require industry-wide cooperation. In the days ahead, ASHI will issue a Call to Action to let each of you know how you can show your support for our efforts to protect not just our members but the industry as a whole. Finally, please consider what happens if the industry ignores this issue. Predicting the future is never easy, but we can be sure of one thing: HomeSafe will not quietly give up their fight to control the residential infrared market. They have proven they are committed to achieve their objectives with ten years of effort. Do you want to face them alone or do you want to stand with thousands of inspectors and thermographers across the country and meet this challenge head on? ASHI will provide additional updates as this situation unfolds.
