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Universities, the GPL and Patents?

Posted by Cliff on from the research-for-everyone dept.

nonlnear asks: "I'm about to finish a PhD in Mathematics and am starting to realize that I am not a big fan of my university's policy about inventions, patents, software, and the like. The gist of it is: you invent while working here => we own everything => we will patent everything. I am planning on a career in academia, but am very conflicted about this way of doing things. What Universities out there will allow me to publish (otherwise patentable) software under the GPL?"

2 of 72 comments (clear)

  1. Most Will...You Just Need To Know How To Start by Noksagt · · Score: 4, Informative

    The easiest way to force something under the GPL or other copyleft licenses is to make a derivative work from GPLed code. So consider using the GNU Scientific Library or something similar as your base. Your University will most likely not make you rewrite it and, if they have a legal department, will most likely not ask you to violate the GPL.

    For a good piece on GPL in academia, see Releasing Free Software if you work at a University by Richard Stallman.

    1. Re:Most Will...You Just Need To Know How To Start by Noksagt · · Score: 4, Interesting
      You, ah, DO realize that using GPL'd code without legal authority to release it is copyright infrigement
      It appears to me that the OP wants to be a post doc or a professor at a University. Typically these people don't have the University administration telling them what to work on. Yes, there are agreements with the administration & with the funding agencies. But there is still a lot of latitude in what they work on. How many academic contracts can you show me which prevent you from starting with copyleft code?

      The GPL itself allows you to make derivative works. It just dictates how you distribute those works.
      otherwise known in the academic field as plagarism--correct?
      Absolutely not. Plagiarism would be violating the GPL. Making a derivative work is not a violation. The ony thing you should have to worry about is the contracts with your University and funding agencies.
      Your university or employer can and should expel/fire you if you try and force them to use a copyleft license they have no intention of using.
      It is pragmatically different in the corporate world in that they DO force both a license and what you work on down your throat.
      Just as they can and should expel/fire you if you try and submit "Noksagt Windows XP" as your final project.
      That would be violating a trademark. Your working on GPL software is not breaking copyrights.

      Still, asking both your University and funding agency for permission to start with GPLed code to accelerate production (and therefore getting more papers out sooner & research done sooner) is a good idea. Most Universities and funding agencies don't view every software project as something which will be sold & see papers & academic discoveries as the real ends. They will therefore be likely to give you permission so you can do your job.