Mtg notes from CLARAty mtg with IP office

Mar 18 2003

Attendees: Issa Nesnas, Tara Estlin, Jennifer Schlickbernd, Grace
Fisher-Adams, Carmen Lam

Topic: IP/ITAR issues for CLARAty repository

-   Explained general repository setup to Jennifer and Grace. Included
    discussion of university and other center partners.

-   Distinction between pure JPL vs. collaborative items

    -   Who owns IP?

    -   Depends on contract terms

    -   University contract usually grants university rights

    -   Get copies of CMU and Univ of Minnesota contract

        -   Make sure statement of work mentions central repository

        -   If not, may want to amend

-   Learned difference between subcontractors (CMU, Univ of Minn, Ames
    -- under CLARAty task contract) and task plans (other tasks funded
    under MTP that will use CLARAty)

    -   Extend contract for first and task plan for second if need to
        extend coverage or access to software

-   Remote access forms (for outside user accounts on our machines)

    -   Goes through security

    -   We sponsor them

    -   Might need to do this for all outside user accounts

        -   Check with Ed Momjian

    -   EIS/ISIS has procedure, background forms

-   IP liability issues

    -   Task plans (with universities) -- other tasks through Mars Tech,
        not directly under CLARAty

        -   Will need government use license for ASPEN/CASPER

            -   Can coordinate with Jennifer Schlickbernd

            -   Will need to work with PI or task plan manager (I
                believe they need to request it)

    -   Task plan (with Ames)

        -   IP and Export office would like everyone to be civil
            servants

            -   Not an option -- only Maria is a civil servant

            -   If not, all software needs to be marked with statement
                of limited rights (?)

            -   Issa suggested putting marking when checkout code (as
                opposed to marking every file)

        -   In order to approve repository access, JPL will need Raj
            Shea (from Ames Export Administrator's office) and Ames
            patent counsel (Raj Padea) to sign off on process and verify
            Ames list of personnel are

            -   U.S. persons

            -   Bound to confidentiality

    -   Subcontractors (contracts directly under CLARAty)

        -   As part of license, it covers our IP and export provisions

            -   Need to verify

            -   Go through procurement office / contract negotiator

            -   List s/w: CLARAty, ASPEN, CASPER

            -   License will be for Caltech s/w (pure JPL s/w)

            -   Subsequent version can be specified in license for
                lifetime of task (e.g., now have version 1, later will
                have version 4, etc.)

                -   If new technology added will need to resubmit for
                    new NTR but won't have to redo contracts/licenses

        -   Remote access forms through security

-   Things are more complicated for mixed JPL/outside center s/w

-   Open source discussion

    -   Jennifer: ASPEN/CASPER will likely not be approved for this
        since approved for commercial use by CalTech

    -   Open source for rest

        -   Several things need to happen:

            -   ITAR/Export approved

            -   Caltech IP office will have to say not interested or
                approve

            -   Legal will have to look over issue

            -   Rich Wolfe (associate director - Office of Tech
                Transfer) will need to sign off

                -   will likely not want to sign off on mixed IP
                    software

                -   may not like signing off on technology not yet
                    developed

-   Rights to derivatives

    -   If CMU changes so many lines of code (of e.g., CASPER) we have
        rights to it

    -   Should be in language for ASPEN/CASPER section for subcontracts
        and task plans

-   ASPEN/CASPER has been licensed for commercial use through CalTech

-   If we ever had university collaborator that wasn't under contract
    then would need to go to CMU and write memorandum of understanding

    -   Issa doesn't think this would happen

    -   Plan now is to go with public model (i.e., open source) first

-   Might be good for open source effort to put language to that effect
    in contracts now