Licensing MasterFormat?

Ron:

Thank you for your detailed descriptions above. I appreciate the straightforward explanations you gave.

Id like to explore more fully what you meant by online CSI Dynamic Standards (CDS) provides immediate access to the most current version of all CSI standardsCSI standards development will become an ongoing process with more frequent updates like those you get with online software applications.

What is the frequency of updates thats anticipated? It seems to me that updates will be dependent on the output of whatever committees/task teams are responsible for reviewing and approving proposals for changes to MasterFormat they receive. How often will these groups meet? How streamlined is the review process? How will the changes be made apparent with each update, will there be a comparison matrix or similar document? This is critical if changed section numbers and titles are to be imported into project documents.

And further, it seems that frequent updates are inconsistent with the goal of a standards development process to ensure consistency and continuity over time.ie, how does consistency and continuity mesh with frequent updates, ie frequent changes?

Updates for online software applications are provided to fix bugs and make the software run more efficiently. That is for a different purpose than are the proposed frequent changes to CSI standards, which are in essence classification systems for standard lists of numbers and titles.

Dave:

Initially, it will be every year. When the development process is fine-tuned and running smoothly, updates will occur more frequently, aiming for quarterly updates.

We had online access to MasterFormat TM updates with the Numbers and Titles Tool FOR FREE (as part of our CSI membership.) This gave us access to updated numbers as they were published.

@Ron: I share Dave’s concerns over the conflict between “frequent updates” and “continuity,” but want to dial in a bit more on how these updates will come about.

MasterFormat has been developed and maintained by volunteers from within this community in order to ensure it remained consensus-based and relevant to the people most invested in it’s widespread adoption and use. If it is now the primary product of a for-profit entity, who is doing the maintenance? Will volunteers be willing to donate their time towards this company’s profit? Is it consensus-based anymore if the community has been cut out of the process?

There are so many questions being posed by passionate people and the silence of leadership has been deafening…

Round 1 of FAQ response from CSI:
https://theconstructionstandard.com/faq

The other former employee gave very good information that presents a valid picture of how things were and have become.

I worked for CSI for a few years. The licensure that everyone is concerned about has been happening for at least 30 years, likely more. CSI licensed, in a slowly evolving fashion, the rights to use MasterFormat and its other standards. Not all folks who used MasterFormat were ever intended to need a license when I was there.

The basic rule of thumb we used when determining need for license was the form of use. Basically, if you used the standard in practice, to provide a SERVICE (specification writing, design, bid, construction documentation, etc.), then regardless of firm or company size, you were granted a pro bono license by CSI. Just use it! No paperwork was needed, no requests were made. This was because CSI at the time viewed project professionals as the driver for MasterFormat adoption and use. Charging them would kill demand and ruin everything. I doubt this reality has changed.

If on the other hand, you used MasterFormat in a PRODUCT (MasterSpec, ARCAT, SpecLink, Revit, Sweets when it existed, and many others), you would be contacted and asked to sign a regularly renewing license. The charges were not exorbitant and were negotiated in most occurences. CSI had MANY licenses with these types of product manufacturers and they were all willing to pay because of the demand professionals provided. This, not book sales, is what supported the existence and refinement of MasterFormat. You all benefited from these licensed resources.

(Oh, and with respect to the suggestion that CSI should invest in a digital tool like ASTM Compass, I think we can all agree that CSI doesn't have the catalog to support such an investment, that users are largely unwilling to pay for such access, and that asking them (you) to do so goes back to the same kind of demand killing charge that I described above. That is one of the main reason CSI made the numbers and titles absolutely free to see with the advent of MasterFormat 2004. Transition was recognized as a cost.)  

The SERVICE/PRODUCT delineation served CSI well. That information was included in the MasterFormat EULA, Licensing Guidelines, and many other publicly available places. I am not sure any of those exist anymore or do so in the form that I would recognize.

The biggest issue I see driving all of this is that the communication about it has been vague and poorly managed. Communicating about licensure has always been fractious, mainly because specifiers survive on thin margins so costs are front of mind. Clarity was paramount, the cost of being unclear being the kind of explosion we have seen in this thread and others. Thus we see these reasonable concerns (stoked by input from others who appear to be taking joy from this exchange). The upset can only be calmed by clarity and frankness.

— In response to those who have suggested that MasterFormat, OmniClass, or CSI UniFormat are public domain or not copyrightable, I disagree for several reasons, at least one of which would be of importance to the CSI membership.

The first thing that has been suggested is that an organizational system cannot be copyrighted. This is clearly untrue, despite challenges being mounted by some on this thread. As a simple and very parallel example, the Dewey Decimal System is copyrighted by OCLC, an organization that maintains a system for library cataloging used worldwide. Another parallel case would be UNIFORMAT II by ASTM. You are likely unaware of that copyright because ASTM is sufficiently flush from its other activities and sales that licensing UNIFORMAT II for them would be small potatoes. The important takeaway is that they could.

The second reason, the one that benefits CSI members, is that a non-copyrighted standard can quickly become non-standard. If it cannot be copyrighted then any organization can present a modified version as truth. We all know that MasterFormat is a flexible standard designed to meet project needs. The license agreement provided limits on local modification that could be made by a producer-licensee to MasterFormat in its product, with the intention of maintaining that standardization.

Regarding standards and copyright, there have been a lot of suits lately challenging the copyright on codes and standards produced by many organizations (ICC, ASTM, ASHRAE, NFPA, and others) suggesting that they cannot copyright something that eventually finds its way into regulations, as once that happens, the product becomes law and thus public domain. There are two basic issues with this. The first is that maintaining any standard is a costly proposition balanced (if the organization is lucky, most standards are loss leaders balanced by other revenue streams) almost entirely by purchase, subscription, or licensure. If a standard becomes public domain, the infrastructure for maintaining it dissolves and the standard effectively expires as a standard. With expiration, all of the things the standard enabled, whether that be a common working language, expectations about safety and health, interactive consensus-based agreements about software or product characteristics, or something else, can no longer be enforced or counted on. The end result is a less efficient, equitable, or safe world. As a quick example, I don’t want Amazon or Apple telling me how the internet will be navigated, I count on a standards organization to do that. Same thing applies for all standards.

There is also a pro-codes act (see: https://www.procodesact.com/) floating in Congress now that is intended both the capacity of standards and codes to be copyrighted and the obligations of producers to the public and others. It has faced fierce opposition and has not yet passed.

In part, I think the anger and dissatisfaction in this is also driven slightly by a sense of grief. CSI as a member-driven organization has been dying slowly for at least 25 years. The money that was made “back in the day” from the trade show and other things provided a bankroll that CSI could invest and live off of. Dues have been declining that entire time, a decline exacerbated by the deals CSI made with an aging membership. Every emeritus member eats one new member in terms of cost of service and there aren’t a lot of new members. The value proposition more or less evaporated with web 2.0. No new value proposition was ever identified. CSI is now in hospice.

I could talk more about the change to CDT and why it was necessary and not a cash grab, but I don’t have the energy to have those arguments anymore. Best to you all.

I asked CSI if we would need a license if we are already paying for a spec writing software like SpecLink (thinking SpecLink would be licensed to use MasterFormat) My firm has a finite budget for specs. We’d have to get rid of SpecLink to pay the licensing fee. Presumably we aren’t the only firm.

This was the reply:
Thank you for reaching out. Regardless of which spec-writing software your firm uses (MasterSpec, VisiSpecs, SpecLink, Specpoint, MS Word, or any other tool), if you’re using MasterFormat numbers and titles in your specifications and deliverables, your organization needs a license for the classification standards themselves through The Construction Standard. There is a common misconception that these tools effectively sublicense the use of the standards to you; however, this is and always has been incorrect.

A CSI Dynamic Standards license gives you authorized, always-current access to the MasterFormat, UniFormat, and OmniClass classification systems those tools are built around.

We also have tools to help you navigate the standards more easily and save you time. You get full access to the Standards Navigator when you sign up.

We’re the authorized licensing partner for CSI’s standards, not a spec-writing platform, so we work alongside whichever software fits your workflow.

@unregistered guest. Nice surprise because this is in direct conflict with a reply from Cam Featherstonhaugh today posted on the CSI forum.

  1. RE: CSI License Standards

Cam Featherstonhaugh, CSI, Lifetime Member
Posted an hour ago
@Amy Baker, CSI, CDT If you are using software like Conspectus Cloud, RIB SpecLink, Visispecs, or Deltek Masterspec to write your specifications then the software company you purchased software from has already paid for the license to ue MasterFormat.

The CSI Dynamic Standards is just a super-powered web-based replacement for the old Masterformat book. I suppose if you are writing your specs from scratch then you would want either a copy of one of the books, or if you want to stay current, it seems that purchasing access to the CSI Dynamic Standards is the way to go.


Cam Featherstonhaugh CSI, Lifetime Member
Senior Associate

Dave:

I noted that conflict in a posting on the CSI forum, and asked, “Can someone who is authorized to speak for CSI please clarify, for the record, this apparent conflict?”

“This was because CSI at the time viewed project professionals as the driver for MasterFormat adoption and use. Charging them would kill demand and ruin everything.”

So basically, thanks for doing the work for us. Now pay up!

@David Stutzman: The more explanations and FAQs released that directly conflict with comments by board members and others purporting to have inside insights makes me wonder:

  1. Are there different versions and intents for enforcement of this new system and
  2. Have these members been given first a different version than the real intended version?

What a clown show!!! CSI have faceless spokespeople contradicting themselves. This disorganized response is worse than no response at all.

@John Guill when current CSI Board Members or Staff comment, we should be able to rely on their comments as the official CSI comment, unless they clearly state their comments are their own and not representing CSI.

With the conflicts to date, it is hard to know what to believe, except that CSI and those representing CSI do not know what is correct either. I want to see someone say: “This is the official CSI position/response/comment” so we can ignore all others. Then this conversation can move in the right direction for resolution.

The attitude that comes across is “Stop your whining. You’re going to shut up, eat your gruel, and you’re going to like it.” It felt like this when they are doing the affiliation agreement* and it feels like this now.

My complaint is not so much that this requires some sort of subscription but that we were never consulted (and something this big needs more than a tiny little notice in the was at the bottom of some page for a short time; this should have been a MAJOR banner on the home page with links!), there was no discussion with membership, and now that we’re not enthralled, we all just need to just settle down and deal with it.

When major changes are proposed, leadership (both the volunteer and the paid) need to reach out to regional leaders, who in turn need to reach out to chapter leaders, who should reach out to their members. Yes, “hand-holding.” There should be Teams meetings, discussion, surveys, feedback, etc.

  • FWIW, I understood the reason for the affiliation agreements years ago. And I am not trying to argue that again. The whole process was just handled EXTREMELY, EXTREMELY badly and that should have been some sort of lesson: We are volunteers with a lot of other things BESIDES CSI going on – we need to have some figurative “hand holding” during major changes. Not this spring it on us, fully-formed, baloney.

I think the Board of Directors operates on behalf of the membership. The Board should achieve appropriate results for or on behalf of the membership at an optimal cost while avoiding unacceptable actions and situations.

I think the Board’s activities should be open and accessible to reasonable scrutiny by the membership.

I think the Board should require that the CEO clearly convey to members what may be expected from the services offered.

I think neither the Board nor the CEO should operate without having in place a complaint and response process to address concerns raised by members.

You know who else thinks the same way I do? The people who wrote this manual, and who follow it in their daily operations:
https://higherlogicdownload.s3.amazonaws.com/CSIRESOURCES/b00cc178-1ca0-4e36-aeae-82edcd55c99c/UploadedImages/CSI_Board_Governing_Policies_Manual.pdf

I did a quick search of the U.S. Copyright Office public records for MasterFormat.

I do not see a registration that clearly corresponds to the 2004 edition of MasterFormat:
https://publicrecords.copyright.gov/search?page_number=1&query=%22Masterformat%22&field_type=%22keyword%22&records_per_page=10&sort_order=%22asc%22&model=%22%22

Can anyone else?

This does not mean the work lacks copyright. Copyright can exist without registration.

Given the scope of the enforcement campaign around MasterFormat recently, one would expect the registrations for the key editions to be easy to identify in the public record…

There is also the podcast episode where the CEO noted that they weren’t up-to-date on all their IP registrations when he joined…

In order to bring an infringement claim, you generally require to show proof of registration.

The plot thickens.

Thank you @Amy Baker who found this online post: share.google/gnBptM1xMXes1P7IW

This one paragraph from the end of the post may tell the entire CSI story:
Licensing has been instrumental in protecting CSIs most valuable asset, the work of its members for the betterment of a profession and industry. says Mark Dorsey, CEO of Construction Specification Institute. Licensing our intellectual property to software companies has created a significant non-dues revenue stream for us. In the Age of AI, content licensing will continue to be part of our sustainable future. Cimatri has been instrumental in setting our strategy and helping us deliver non-dues revenue products based on our standards.

Except for this unstated part: “Because we expect an annual recurring non-member revenue stream, members and open communication with them no longer matter.”

Amy Baker had posted on CSI-Connect about Cimatri. Her post, as well as a couple of other recent ones, have been deleted from the CSI License Standards thread, and the thread closed.

The beatings will continue until morale improves.

Welcome to Cimatriyour partner in transforming technology into strategic advantage for your association or non-profit.

We specialize in simplifying technology to enhance your operations and advance your mission. Our team brings deep expertise in association operations, IT strategy, and managed services ensuring you harness technology for maximum impact.

Interconnectedness of CSI and Cimatri with respect to Crosswalk in this podcast video and the info posted with it: https://m.youtube.com/watch?v=eIZ2xTQvOXU.

Also, on the HPDC website, https://www.hpd-collaborative.org/affiliation-between-hpdc-crosswalk-brings-transparency-to-building-industry/ , CROSSWALK is integrated into free to use HPDC tools without a third-party license. Seems that CSI had no pushback on this back in 2021 when this affiliation commenced according to this article. Does that change with the present licensing stance?