i plan on reserving five minutes i want to try to watch my time to make sure i hang on to that for my very long cumbersome forms that were four or five pages and and he the principles for c m s i were to develop a form with particular language that they included two hundred words of text to try and create something that was more streamlined more unique for their business and more unique for their customers and i think that they accomplished that and since the two page form that they created it's much different than the forms that were presented by t n i i'm not jude nine different i mean it's different blank form with no text or instructions whatsoever the position has been that the form of the information that they provided is something that they drafted and unique so that it's not necessarily something that's found in the industry and if you look at issue then really for the infringement is whether this is a copyrightable form of the text with an exception the feis where he was vice talked about a minimum level of creativity it doesn't necessarily extremely low even stamp record i think they are relatively standard i think the look and feel on how the form is put together is unique for what c m s i did with that but the specific type of information certifications work history those types of things  are actually sought by and in other forms and they would show up in the other forms that were presented on pages eighty to ninety the difference i think is the presentation of arguably if the court sees that form in the way it's been at forth for the edwin williams case they looked at a complex blank forms necessarily but they had instructional text that one gave advice on how to fill up the forms and other advice in terms of putting the forms together the same thing with the continental casualty  understand where those would be simple instructions that found in favor of when there's more instructional text that goes beyond simple instructions which i think is what the face he's talking about the text with an exception if there is more information text that goes well beyond the point of just simple instruction and you fall to more on that spectrum of creativity and where is that in our point has been that i don't think you can look at these particular see the forms and the over two hundred words of instructions that were very specific for what c m s site was looking for for its customers and the information that it was going to glean for its customers being different than that found standard in the in the industry itself i think because of that there is  our view is that there may be a difference of opinion necessarily on is a simple instructions is it more than that that's something that should've been submitted to the jury and not resolved at this point through a motion for parts of summary judgment that's the copyright protection of the text with an exception and if you look at cases like that when williams case were connel castle where what they did is they said like you have a blank form and these forms gather information that is fairly standard as far as the information that we're gathering your certifications your work history those specifics references those are all pretty common i think in the forms even that were presented by t n i the difference is that the forms that were presented by c n n as part of their motions for summary judgment partial summary judgment didn't have in any way instructional text they were straight blank forms are different in the sense of the information that we compiled and how we put the instructional text combined with the blank form itself which for which i agree if you're just looking at if you're disagreeing with the idea of a compilation being unique or special that if you look at just the categories certification and work history those types of things i would agree at that point that that is something that probably is first similar to the other forms the difference comes in the instructional text and when we talk about that kind of cash in the case talked about combining can become copyrightable if the text within the forms rises to the level of copyright ability furthermore on summary judgment it took me a while to figure this out but there are continues to pla what i call that craig's compilation theory notions throughout history and it also does it in the summary judgment analysis the district court although gretly ruled on summary judgment that there were no genuine issues of material fact over and over trying to figure out what was created unique there is a phrase prior to starting an assignment you may wish to list all medications you currently take in explained i privacy in maintaining your file as  there is no further statement in that text about whether it makes sense to put that information down whether it might help you get a job or not have any privacy page to protect as a protective measure but i think i think if you read the text carefully company well it's just common sense i fill out forms all the time that say they're going to respect my privacy whether it's on a separate page on the page that i fill out for insurance applications or b mortgage applications the point is it's common our oil or plate legal lease that a case like m m forms are in the public domain and whether you paraphrased those or not or phrase those in a little different way it doesn't matter under the another important notion about the text within exception is that if it can't it can't just be advice on it if it's advice on how to fill out the form that keeps it in the  there's this that's not a text with an exception case but also it's like that case for the summary judgment standards that were properly followed in that if there are no disputed facts about what the form says then the district court can do an analysis to apply the law there was a pretty distinct description that this one of the four out of sight argument has been roundly rejected and how much time it took them to create a blank form isn't the issue also whether the whether the text is two hundred words or two thousand you might want to go out and get that kind of training before you come to our farm or our firm is to extra special because because of x y or z if that kind of tax on this one which is not next thing might be able to argue that there are some thing and creative beyond how to fill out the blanks and i think that's a fair reading of  as they can be drawn from this such that this really needed to go to a jury the court asked the question as to if they were saying something to the effect of here at c m s we want to particular people that have this type of experience with it beyond with that beyond just simple instructions on how to fill out the form which arguably would or would not place it within copyright protection i think when you're talking about the idea of a privacy page and letting people know when they're throwing out the forms that sensitive data you include on a separate page will not be included into our computer that's not that's not a simple instruction on make sure you fill out the certifications make sure you develop the work experience make sure you fill out different points along the way of this form completely so that we have accurate answers i think you're letting someone know he is a potential independent contractor who's going to come work for you form and i think that under these circumstances the instructional tech specs came along with it with the advice on how to fill out the form and the whole issue of the privacy page and put it somewhere along a spectrum of creativity is more than just a blank forms to rule and somewhere within that sex with an exception such that you can't grant the motion for partial summary judgment on this particular issue of whether it's copyrightable and it should have gone to the jury under these circumstances but