From: dsmith@uoft02.utoledo.edu
Newsgroups: misc.legal,misc.legal.computing,sci.edu
Subject: reality check - with apologies
Date: 16 Dec 92 13:24:09 EST
Organization: University of Toledo, Computer Services

This may be a problem that is inappropriate or offensive to some of you, but
this is the only forum I really know of where I can reach a large number of
people who have the experience and/or knowledge to comment.  Please accept
my apologies in advance.  Please direct any comments or replies directly to
me, not to the net.

My promotion and tenure decision is in progress, but my chairman has turned
nasty and personal.  The problem for this group that I wish to find out about
involves control of research and grant resources.  Simply put, even though
grants are made to institutions and not individuals, who controls spending of
funds, resource allocation, and access to hardware and software obtained from
the grant (either directly or purchased with grant funds)?

I have always understood that all control and allocation resided with the PI.
Thus, if I receive a grant of software and install it on a computer, I can
restrict access by other members of the University community to this software.
I can ask that they provide proper acknowledgements or collaborate with me, or
I can simply not allow others to use it.  Is this correct and/or proper?
Additional issues involve contractual agreements with the grant source to 
provide copies of papers and abstracts published using this software, and the
need (in my mind) to build a case for further support.

Also, what about software modifications, ports, shell scripts and anything
else that comes under the heading of intellectual property?  For example, if
someone in my research group ported MOPAC to a machine on which it previously
did not run, then I might consider that ported version intellectual property
(with apologies to Jimmie Stewart).  I believe that the ported version need
not be made available to others without my permission, although I would 
certainly not restrict them from obtaining the public domain source code and
doing the port themselves.

My chairman insists that he can access this software without my permission and
without even telling me that he is doing it.  He has refused to speak with me
about this, but instead has gone over my head to our Dean, who has (in
writing) made a unilateral policy decision that any resources I obtain as a
University employee belong to the University, are controlled by the 
University, and are openly available to any University employee, faculty or
student, without that person having to contact me, the PI.  Our university
does not have a written policy on this matter.

I am also under the impression that if the PI moves from one academic or 
research institution to another, that the grants typically move as well, even
though they were made to the University.  I also believe that, if negotiated,
the resources purchased on that grant move (I cannot believe that NIH or
NSF want to pay twice for the same glassware, chemicals, software etc. just
because someone moved).  Again, my chairman and dean are denying that this
is the case.

All comments are welcome.  I am simply trying to understand this situation
better, to learn my rights and obligations, and to avoid getting screwed.
Please send mail directly to me - I don't think we should clutter up bandwidth
with this as an open discussion.

Doug Smith
Assistant Professor of Chemistry
The University of Toledo
Toledo, OH  43606-3390

voice    419-537-2116
fax      419-537-4033
email    dsmith@uoft02.utoledo.edu

P.S.  Any one looking for a computational and synthetic organic chemist with
a decent track record?
Newsgroups: misc.legal