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UC does not really have IP rights under the CA Constitution. At least, not any right that prevents a person from speaking freely. UC cannot enforce copyright,

UC does not really have IP rights under the CA Constitution. At least, not any right that prevents a person from speaking freely. UC cannot enforce copyright, NDAs, or other restrictions of speech. I think there is a very good argument that UC is unable to enforce (or even hold) a patent. > Article 1, Section 2 (a). Sentence 2 http://www.leginfo.ca.gov/.const/.article_1 http://www.leginfo.ca.gov/.const/.article_1

blackguardx 10y ago
Then why is there such a big battle over CRISPR patents?
- jsprogrammer 10y ago
  I'm not familiar with the case, but UC has acted outside the Constitution in the past.
Lerc 10y ago
Can they not exploit IP by transferring rights to another entity? If they cannot transfer rights to another entity then it's going to be tricky for them to do it for the fsf.
- jsprogrammer 10y ago
  How can they transfer rights they do not have?
GFK_of_xmaspast 10y ago
Do you have any other links supporting this claim, such as court decisions.
- jsprogrammer 10y ago
  Check out Article 9, Section 9: http://www.leginfo.ca.gov/.const/.article_9 http://www.leginfo.ca.gov/.const/.article_9 I'm not sure of any court decisions. Someone would need to be restricted by the University and challenge it to produce a case. I don't know if that has happened yet.
  - GFK_of_xmaspast 10y ago
    Are you sure that link says what you think it does? """ (f) The Regents of the University of California shall be vested with the legal title and the management and disposition of the property of the university and of property held for its benefit and shall have the power to take and hold, either by purchase or by donation, or gift, testamentary or otherwise, or in any other manner, without restriction, all real and personal property for the benefit of the university or incidentally to its conduct; provided, however, that sales of university real property shall be subject to such competitive bidding procedures as may be provided by statute. Said corporation shall also have all the powers necessary or convenient for the effective administration of its trust, including the power to sue and to be sued, to use a seal, and to delegate to its committees or to the faculty of the university, or to others, such authority or functions as it may deem wise. """
    - jsprogrammer 10y ago
      Yes. What is the purpose of that wall of text you pasted?
      - GFK_of_xmaspast 10y ago
        Intellectual Property is not real property but it's still property.
        jsprogrammer 10y ago
        Restricting speech is restricting speech and UC is not allowed to do it.
jcranmer 10y ago
The citation you provided does not constitute evidence for any of your claims. Copyright is not related to freedom of speech or of press.
- jsprogrammer 10y ago
  Copyright is a restriction on both speech and press. And, it would be occurring by a Trust established by the CA Constitution if UC ever enforced such a restriction. Which is prohibited.
  - dragonwriter 10y ago
    > Copyright is a restriction on both speech and press. Were that so, it would be prohibited by the First Amendment. The California state protection of speech from government interference has similar scope, and does not prohibit copyrights, nor does it prohibit the state or subordinate public entities of or within the state from either enforcing state copyright law (which exists) or exercising copyrights that they own.
    - jsprogrammer 10y ago
      The California Constitution is extremely clear. No one may restrict the freeness of anyone's speech and especially not any law. If UC uses its lawful property ownership powers (or any other) to restrict someone's speech, it has acted contrary to the CA Constitution.
      - jsprogrammer 10y ago
        I'll just leave this here. >CALIFORNIA CONSTITUTION >ARTICLE 1 DECLARATION OF RIGHTS >SEC. 2. (a) Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press.
dragonwriter 10y ago
> UC does not really have IP rights under the CA Constitution. Yes, it does. IP is a subset of personal property (more specifically, a subset of intangible personal property) and the Regents of the University of California have the "power to take and hold, either by purchase or by donation, or gift, testamentary or otherwise, or in any other manner, without restriction, all real and personal property for the benefit of the university or incidentally to its conduct". Art. IX, Sec. 9(f). [0] [0] http://www.leginfo.ca.gov/.const/.article_9 http://www.leginfo.ca.gov/.const/.article_9
- jsprogrammer 10y ago
  UC cannot restrict speech, so the fact that something is its property is merely the formality of the public's ownership.

blackguardx 10y ago

Then why is there such a big battle over CRISPR patents?

jsprogrammer 10y ago
I'm not familiar with the case, but UC has acted outside the Constitution in the past.

Lerc 10y ago

Can they not exploit IP by transferring rights to another entity? If they cannot transfer rights to another entity then it's going to be tricky for them to do it for the fsf.

jsprogrammer 10y ago
How can they transfer rights they do not have?

GFK_of_xmaspast 10y ago

Do you have any other links supporting this claim, such as court decisions.

jsprogrammer 10y ago
Check out Article 9, Section 9: http://www.leginfo.ca.gov/.const/.article_9 http://www.leginfo.ca.gov/.const/.article_9 I'm not sure of any court decisions. Someone would need to be restricted by the University and challenge it to produce a case. I don't know if that has happened yet.
- GFK_of_xmaspast 10y ago
  Are you sure that link says what you think it does? """ (f) The Regents of the University of California shall be vested with the legal title and the management and disposition of the property of the university and of property held for its benefit and shall have the power to take and hold, either by purchase or by donation, or gift, testamentary or otherwise, or in any other manner, without restriction, all real and personal property for the benefit of the university or incidentally to its conduct; provided, however, that sales of university real property shall be subject to such competitive bidding procedures as may be provided by statute. Said corporation shall also have all the powers necessary or convenient for the effective administration of its trust, including the power to sue and to be sued, to use a seal, and to delegate to its committees or to the faculty of the university, or to others, such authority or functions as it may deem wise. """
  - jsprogrammer 10y ago
    Yes. What is the purpose of that wall of text you pasted?
    - GFK_of_xmaspast 10y ago
      Intellectual Property is not real property but it's still property.
      - jsprogrammer 10y ago
        Restricting speech is restricting speech and UC is not allowed to do it.

jcranmer 10y ago

The citation you provided does not constitute evidence for any of your claims. Copyright is not related to freedom of speech or of press.

jsprogrammer 10y ago
Copyright is a restriction on both speech and press. And, it would be occurring by a Trust established by the CA Constitution if UC ever enforced such a restriction. Which is prohibited.
- dragonwriter 10y ago
  > Copyright is a restriction on both speech and press. Were that so, it would be prohibited by the First Amendment. The California state protection of speech from government interference has similar scope, and does not prohibit copyrights, nor does it prohibit the state or subordinate public entities of or within the state from either enforcing state copyright law (which exists) or exercising copyrights that they own.
  - jsprogrammer 10y ago
    The California Constitution is extremely clear. No one may restrict the freeness of anyone's speech and especially not any law. If UC uses its lawful property ownership powers (or any other) to restrict someone's speech, it has acted contrary to the CA Constitution.
    - jsprogrammer 10y ago
      I'll just leave this here. >CALIFORNIA CONSTITUTION >ARTICLE 1 DECLARATION OF RIGHTS >SEC. 2. (a) Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press.

dragonwriter 10y ago

> UC does not really have IP rights under the CA Constitution. Yes, it does. IP is a subset of personal property (more specifically, a subset of intangible personal property) and the Regents of the University of California have the "power to take and hold, either by purchase or by donation, or gift, testamentary or otherwise, or in any other manner, without restriction, all real and personal property for the benefit of the university or incidentally to its conduct". Art. IX, Sec. 9(f). [0] [0] http://www.leginfo.ca.gov/.const/.article_9 http://www.leginfo.ca.gov/.const/.article_9

jsprogrammer 10y ago
UC cannot restrict speech, so the fact that something is its property is merely the formality of the public's ownership.