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UCSD Vs. Free Speech, Round 2

Suburbanpride writes "Last year, as Slashdot readers may remember, the University of California, San Diego forced student website UCSDuncensored to change its name to SDuncensored, citing California education code that gives it exclusive rights to the name. This year, the target is youCSD, a student blog that has been critical of the administration. The university denies that the site's content had anything to do with the nastygram they received, which informed them that were in violation for not only the name, but for an image they took of the Geisel Library, which the university claims to hold a trademark on. There are dozens of sites that use UCSD in the name, not to mention the 1000+ members of the UCSD xanga blogring. What's next, campus police stopping people from taking pictures of the library?"

6 of 296 comments (clear)

  1. It Actually Seems Pretty Reasonable by diagnosis · · Score: 3, Informative

    All the provision says (see here) is that people may not use the UC.* abbreviations to promote things like business/financial enterprises. The code says:

    Nothing in this section shall interfere with or restrict the right of any person to make a true and accurate statement of his or her present or former relationship or connection with, his or her employment by, or his or her enrollment in, the University of California...

    So there's nothing preventing them from changing their name and just plastering all over the site that they're UCSD students, the site is about UCSD, for UCSD students, etc.

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  2. Don't blame them all... by disbaldman · · Score: 4, Informative

    I know a few members of the faculty, and from what I hear, the majority of the faculty is completely disgusted because of these actions, and some even fear their own websites may be taken away by force in the future...

  3. Copyrightability of Architectural Works by mooreBS · · Score: 5, Informative

    Sec 120(a) of the Copyright Act of 1976 states, "The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photoghaphs or other pictorial representations of the work," if the building is in a public place.

    UCSD could sue for copyright infringement if said photo was pulled directly off it's site, because they own the rights to that photo. If a student were to take their own photo and place it on the site there would be no grounds for suit.

  4. Re:legal system designed to control populace by scrod · · Score: 5, Informative

    "Fascism should more properly be called corporatism, since it is the merger of state and corporate power."
    - Benito Mussolini

    "Fascism is an extreme right-wing ideology which embraces nationalism as the transcendent value of society. The rise of Fascism relies upon the manipulation of populist sentiment in times of national crisis. Based on fundamentalist revolutionary ideas, Fascism defines itself through intense xenophobia, militarism, and supremacist ideals. Although secular in nature, Fascism's emphasis on mythic beliefs such as divine mandates, racial imperatives, and violent struggle places highly concentrated power in the hands of a self-selected elite from whom all authority flows to lesser elites, such as law enforcement, intellectuals, and the media."
    - Ben Tripp, paraphrasing Mussolini's diary

    "By setting up special parastate agencies or "corporations" to replace failing or inadequate private enterprises, [Mussolini] was able to control the important economic sectors. Elitists everywhere found that laudable."
    - Ernest Fitzgerald

  5. Re:it's tricky, really... by drinkypoo · · Score: 3, Informative

    OTOH, it's a *public* university, if it's in the UC system. So then if you're a taxpayer, doesn't that kinda give you some sort of ownership rights?

    I doubt it. The University is created for the public with public funds, and there are public funds paid for students who attend classes, but the fact is that a significant percentage of the money is paid by students and by donors. How many new buildings do you see showing up at any kind of school without a private grant? Unless bonds are sold to finance it, that's pretty much none. New schools, on the other hands, are occasionally built by municipalities.

    Anyway the CSU's mission statement is encased in the Donahoe Higher Education Act of 1960, the meat of which can be found http://www.leginfo.ca.gov/cgi-bin/displaycode?sect ion=edc&group=66001-67000&file=66010.1-66010.8">he re.

    You want 66010.4.b and .c:

    (b) The California State University shall offer undergraduate and graduate instruction through the master's degree in the liberal arts and sciences and professional education, including teacher education. Presently established two-year programs in agriculture are authorized, but other two-year programs shall be permitted only when mutually agreed upon by the Trustees of the California State University and the Board of Governors of the California Community Colleges. The doctoral degree may be awarded jointly with the University of California, as provided in subdivision (c) and pursuant to Section 66904. The doctoral degree may also be awarded jointly with one or more independent institutions of higher education, provided that the proposed doctoral program is approved by the California Postsecondary Education Commission. Research, scholarship, and creative activity in support of its undergraduate and graduate instructional mission is authorized in the California State University and shall be supported by the state. The primary mission of the California State University is undergraduate and graduate instruction through the master's degree.

    (c) The University of California may provide undergraduate and graduate instruction in the liberal arts and sciences and in the professions, including the teaching professions. It shall have exclusive jurisdiction in public higher education over instruction in the profession of law and over graduate instruction in the professions of medicine, dentistry, and veterinary medicine. It has the sole authority in public higher education to award the doctoral degree in all fields of learning, except that it may agree with the California State University to award joint doctoral degrees in selected fields. The University of California shall be the primary state-supported academic agency for research.

    Anyway it doesn't say anything about ownership but the fact is that you can't even be on the property without the permission of the state and Universities typically have their own police force in order to protect them, a clear sign that they are a governmental entity. Your government doesn't really belong to you and neither do the schools. :P

    You could also try looking in the CSU Archives.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  6. Re:it's tricky, really... by bigman2003 · · Score: 4, Informative

    Vectorian-

    If you really are a UC student, you should educate yourself a little bit on how the University is funded.

    Student fees (the stuff you pay) makes up about 10% of the University of California budget.

    Since it is a public institution (no, your 10% does not make it private) they make their budget readily available to the public. In fact, you can view it here: UC Budget in PDF

    Anyone who has seen the budget, and understands what students really pay, finds it pretty amusing when the students 'protest' on campus (whichever one you're on, it happens everywhere) the way their money is being spent. I'm not against the idea that the university should answer to the public, but students have an inflated sense of their (or their parents) financial contribution.

    Why is it? Well, the University of California is not just an institution dedicated to teaching, but it also is an institution of research, outreach to the public, medicine for the state, etc. etc. When you walk through your science building, know that every faculty member there is trying desperately to get outside grants.

    Go to your Ag department (if you are at Davis, Riverside, or Berkeley), and find out how much money comes from the USDA.

    Find out how much money the Federal government gives your school before your friends protest the ROTC classes. We won't even talk about the Department of Energy- because that could be going away soon...

    But list goes on, and on and on. Student fees are only a small part of the budget.

    --
    No reason to lie.