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Free as in Marketable?
An anonymous reader asks: "I work in IT at a research university. A few of my co-workers and I are in the process of planning a piece of software that we would like to release to the public under the GPL license, but we're running into issues with our "intellectual property" office which thinks we have a potentially marketable product. We would rather give the product away for free and see our university get some credit for the product. How have others dealt with this problem? It's a shame that money is more important to a research school than sharing research with others."
I've been in this situation before, on several different projects. Getting something through the intellectual property office, or whatever your version of it is called, is a complete nightmare.
Since the internet boom, universities have been looking at software with an eye towards making money from about anything they could. I avoid that office until I absolutely can't.
Anyway....
First, is this something related to what you're doing at work? Did you come up with it, and work on it at work? If you didn't, they shouldn't be able to touch it. (insert standard "I'm not a lawyer, check with one of you're worried" disclaimer here).
If you did work on it at work, I seriously doubt this is something you can win, since you did use their resources to create it. I was never able to. The best I came up with was copyright by the university, free for non-commercial use. If someone uses it commercially, they have to obtain a license from the university.
A couple of tips:
1) First, hound the lawyers. I don't mean daily, but I do mean at least once every couple of weeks. If you don't, your release form will go to the bottom of the pile and you'll wait months and months. That's because there are many other people trying to get their patents, licenses, etc. approved. Be nice, friendly, but persistent. You'll need a good contact there in case someone actually does ask for the commerical license.
2) Don't expect to actually sell a commerical license. I've had many requests for commercial licenses, and none of them panned out. We charge about $3000 for the code (which is very cheap, if you compare it to the commerical world), and no further fees, but no one touched it.
3) If you accept changes from the outside to the code base you're maintaining, make it clear that it's under this license. The license should probably state something like that. This will make the lawyers feel better.
4) If at ALL possible, see if you can get a general license approved, that you can use to send out stuff that you'll come up with later. You'll still have to run it by the lawyers, but it'll take much less time.
5) If you're aware of any other software project that's gone through this before, find those folks, and ask them about all this. They might have something you can use to make the lawyers feel better. You might end up being this person if you're the one blazing the trail at your University. I know our license ended up being used by other projects after people consulted with me.
6) If you have no idea what to put in a license like this, look around at other universities that have released code like this, run it by the lawyers and see what they say.
7) This isn't really related to the license, but worth doing. Set up something to count the number of downloads you get on your software. Set up a mailing list too. If someone tries to axe the project because "no one uses it", you'll have ammo for that argument.
Good luck with all this. It's a real pain, but if you get a community behind your project to support you, it's worth it.
The large company method (Oracle, Borland, of course MS, etc) is probably out. These people will not buy that software from you. From the point of view of the MBA's who make the decision, anything written in a couple of years by a couple of guy's can be replicated (ok, half as good) by 50 Hindi's working for 1% the price each over 4 years, and given that actual software development is like 2% of the company's cost, the uncertainties of buying someone else's software (look at all the time MS has bought software that turned out to be pirated or under the BSD license), they just won't do it. These MBAs veiw you and and anything associated with you as shit and won't give you the time of day.
Now look at the niche market guy, particularly the one to five person shop. In this catagory you have 4 Developers (discriptive name), ACDsee (probably as big as these class ever gets, a 40 person company), Mondo rescue (hey, it's even open source!), Device Logics (milking the last bit of money out of DRDOS with a 3 person company). Folks, as programmers, that catagory is where the money is. Those programmers keep more of what they produce than anyone else in the industry. Their products are cheap, but ultimately the future is a few biggies like Oracle and Microsoft still conning the pointy-haireds who won't buy from anyone else, and a vast class of independent shops. Society will spend less on software, but paradoxically software programmers will get more money, because the vast and oppressive corporate bureaucracies will be starved out.
Those guys will never buy our man's University written software because they can't afford enough to pay the university lawyer's hourly rate while they look over the docs and sign them.
In short, Sean is right and this software will never make money.
UNLESS . . . our man quits his academic job and re-writes this and starts selling it himself. Which is of course exactly what he should do.
I should assume you have read this document buts ity.html
I haven't seen it mentioned anywhere:
(Releasing Free Software if you work at a University)
http://www.gnu.org/philosophy/univer
Hope this helps.
Ciaran O'Riordan
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