Path: utzoo!utgpu!jarvis.csri.toronto.edu!mailrus!tut.cis.ohio-state.edu!THRUSH.STANFORD.EDU!jim
From: jim@THRUSH.STANFORD.EDU (Jim Helman)
Newsgroups: gnu.misc.discuss
Subject: Re: copyrights, licenses and gov contracts
Message-ID: <8907311925.AA02612@cheops.cis.ohio-state.edu>
Date: 31 Jul 89 19:23:21 GMT
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Nagle:
	First, a student who is not an employee of the university has
	no obligation to turn over copyright on anything.  The student
	pays tuition, and receives certain services in exchange.  If
	the student is able to profit by use of those services, that's
	his business. 

An interesting point.  Clearly, if the student is doing something
completely on his own, i.e. not using contract funded equipment and
supplies, a university would have no rights whatsoever.  In such a
situation, there would be no basis for an exchange of considerations
as required for a valid contract, since the student is entitled to the
educational services he receives.

But does payment of tuition entitle an individual to full use of all
university owned, contract funded equipment and supplies?  What about
government agency owned equipment located at the University?  Surely
in some of these cases the University or agency would have a right to
request a release in exchange for use of equipment and/or supplies.

So what are the requirements of most government contracts regarding
use of research contract funded equipment and materials?  Do they
restrict use of purchased equipment and supplies or just require
fulfillment of the work statment?  Would they ever come into conflict
with a non-employee's intellectual property rights?

In the case of a group effort, this seems to be a very sticky wicket.
Would a PI be out of line in requesting a non-employee to sign a
release form before letting him work with others on a government
funded research project which requires release of the project's
software?  Could he could refuse to let a student work on a given
group project, if the student doesn't sign?  If not, the PI could
really be caught in the middle.

This also raises the problem of continuing research within a group.
Frequently, subsequent work builds upon previous work.  This can make
a research group more productive.  Could a professor refuse to take on
students who have not signed a release?  I am under the impression
that professors are under no obligation to take on anyone at all.  It
would appear to be the university's obligation to provide the services
necessary for an education, but one does need an thesis advisor.

Nagle:
	Even with employee status, the California Labor Code rules
	apply, which are rather favorable to the employee.  Further,
	the employer does not have the right to compel an employee to
	sign an intellectual property agreement after employment under
	threat of being fired, and such agreements have been voided in
	several court cases.

The key phrases here would seem to be "after employment" and "under
threat of being fired."  Intellectual property agreements are
conditions of employment at most high-tech companies and universities.
Also, if an employee is being considered for promotion from a support
to a development position in a company, requiring a release would seem
legal and reasonable.

Scads, what fun....

Jim Helman
Department of Applied Physics			P.O. Box 10494
Stanford University				Stanford, CA 94309
(jim@thrush.stanford.edu) 			(415) 723-4940	

"If you laid all of our laws end to end, there would be no end."

						-Mark Twain