Personally, I agree with Grimmelmann that the authors of the MMSE should terminate their license and release the MMSE into the public domain.

FORBES: Medical Diagnostic Test Taken Down By Copyright Claim

As a result, the MMSE is now being used in fewer and fewer textbooks and other applications.

FORBES: Medical Diagnostic Test Taken Down By Copyright Claim

The Sweet 16 is comprised of 16 questions, used for the same cognitive screening tasks as the MMSE.

FORBES: Medical Diagnostic Test Taken Down By Copyright Claim

They granted a license to the company Psychological Assessment Resources, which now charges for use of the MMSE.

FORBES: Medical Diagnostic Test Taken Down By Copyright Claim

However, because the Sweet 16 form uses some parts of the MMSE, PAR has demanded that the Sweet 16 be taken down from the Internet.

FORBES: Medical Diagnostic Test Taken Down By Copyright Claim

Not only that, it performed as well or better than the MMSE, and the researchers made it freely available to anyone who wanted it.

FORBES: Medical Diagnostic Test Taken Down By Copyright Claim

The MMSE case may be a harbinger of more to come.

FORBES: Medical Diagnostic Test Taken Down By Copyright Claim

James Grimmelmann, an associate professor at the New York Law School, has a long analysis in which he suggests that the MMSE form is uncopyrightable.

FORBES: Medical Diagnostic Test Taken Down By Copyright Claim

This is going to be an interesting story to watch over the coming months, both regarding the copyright of the MMSE and possibly enforcement of copyright of other clinical tests.

FORBES: Medical Diagnostic Test Taken Down By Copyright Claim