NC State Stands Up to RIAA 180
NewYorkCountryLawyer writes "The Technician Online at North Carolina State University reports that its Director of Student Legal Services, Pam Gerace, has advised students to remain anonymous, and has indicated her office's willingness to challenge the RIAA's subpoenas. What's more, the newspaper urges students to take Ms. Gerace up on her offer. The fighting spirit of Jimmy Valvano lives on."
then again.... (Score:5, Funny)
Re:then again.... (Score:5, Insightful)
Maybe, until you realize that they could sue you for $3000 over and over again. Then it doesn't seem too good.
Also (Score:4, Interesting)
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Was that the show where Air Force guys went through a star donut and helped the Jews conquer Rome?
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Way to GO NC STATE! (Score:2, Insightful)
We need more groups officially banding together like this - the RIAA's bully tactic days are numbered!
Re:Way to GO NC STATE! (Score:5, Insightful)
An even better stick (Score:2, Redundant)
'Course I can never resist linking RIAA radar:
http://www.riaaradar.com/ [riaaradar.com]
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No, there won't. This is the most unfortunate thing about what the "content industry" has done -- and is trying to keep doing -- to our culture. They've appropriated "ownership" of great art by talented, hard working individuals, and now use that catalog as leverage to impose far-reaching technology control measures on *everyone.
When you buy their CDs, you're letting 'em know that's a-ok with you.
Many of my favorite artists were hoodwinked in t
People are finally starting to get it (Score:5, Insightful)
It looks like people are finally starting to get it. Big fish can't be allowed to attack the little fish without facing risk.
Now, if only the general public realized they bring this on themselves by continuing to fund the **AAs with their purchases, maybe it'd actually make a difference...
Re:People are finally starting to get it (Score:5, Insightful)
Now, if only the general public realized they bring this on themselves by continuing to violate copyright (remember all you GPL fans, these are the same copyright laws that give the GPL substance*), maybe it'd actually make a difference...
You want to make a difference? Simply voting with your wallet by not purchasing tracks isn't enough. That's only part one.
Part two is STOP VIOLATING COPYRIGHT by downloading the tracks. The RIAA and record labels are after your money. First they try to get your money via sales of tracks (physical CDs or downloads from online resellers). If you don't buy the tracks but download from p2p networks, they will try to get your money via lawsuit. Either way, they get your money.
Once sales drop AND p2p downloads ALSO drop, the labels will get the idea that the product they push is crap and need to change in order to make it worthwhile. They would have to, since both revenue streams (via sales and litigation) would dry up.
* I'm not implying that GPL fans are also p2p downloaders; I'm pointing out that laws that protect your rights are the same laws that protect others' rights, and cannot be applied selectively.
Re:People are finally starting to get it (Score:5, Insightful)
Problem is, most people disagree with your assertion that it's crap. Whether through critical thinking about the music/video or just because they've been indundated with commercial pop culture & ads, this stuff is top shelf by virtue of being what everyone wants.
Your solution means people have to dig up their own (indie) music; they can't just buy the catchy song they heard on the radio, and they can't grab a copy of that movie that had such an exciting preview. And truth be told, most people aren't really equipped to select the good music from the bad, except with the simple gut reaction that they already have to hearing a song on the radio and deciding to buy this mainstream album instead of that one.
I guess my point is that mainstream music is mainstream for a reason, and saying "just don't buy it" is not realistic. It's like asking millions of Bud Light drinkers to start selecting small-batch German microbrews instead. Good luck.
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Re:People are finally starting to get it (Score:5, Insightful)
I'm not saying that RIAA music is crap and indy is good, but without access to indy music most people don't even have the opportunity to make the comparison.
Rather then trying to beat down the RIAA through boycots and banners. Why not work to help promote indy music. Why doesn't iTunes have an RIAA free section where people can demo songs and download them DRM free? Why isn't there a fund setup to help get indy bands on the radio along side the RIAA stuff?
I think we'd do better to help get people off the RIAA koolade more by promoting the alternative rather then trying to tarnish what they're used to today.
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Definitely. The big lie about P2P and "I listen to stuff I can't get elsewhere. The labels shovel shit at us," is that on most torrent tracker sites, if you look at top downloads in music, guess what? It's that same crap that's top of the charts.
With apologies to American Beauty, "Never underestimate the power of denial".
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That's of course if you consider their product crap. I know I enjoy Metallica (as an example here). I'm certainly glad they (labels) do promotion because I don't value music that much as to try and find my favourites. I'm sure there are bands that I'd enjoy more
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I have to say I agree. If everybody obeyed the law, the revenue stream from fines would dry up and many government offices and lawyers would suffer greatly, not to mention the prison industry and law enforcement would have to find new ways to make their money. Imagine, if you will, what would happen to many governments and the world's economies as a whole if everyone quit buying coke and grew their own weed. It would be pandemonium. The Bush Family and the CIA would go
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STOP VIOLATING COPYRIGHT by downloading the tracks.
How is it possible to tell for certain that a track is copyrighted before you download it?
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How do I tell for certain that someone own's a car in the parking lot?
By ensuring that the car is within a close enough range to be examined.
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What makes you so sure? The RIAA refuses utterly to acknowledge that the marketplace has been fundamentally altered by the emergence of new technologies AND they continue to lobby congress aggressively for more copyright powers, media taxes, technology bans, an
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And yet people still want them. Therefore they must be of value somehow. Did the 1's and 0's arrange themselves? I think someone arranged them, and that takes time. Sometimes lots of time. If someone is to make a fulltime job out of arranging 1's and 0's then they need to be paid. The only realistic way of doing this is to pay them for the item of value that they are producing.
Unless you are suggesti
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Did the 1's and 0's arrange themselves?
While we are a ways off from being able to systematically arrange bits that would violate all works I think it would be possible to write a program that could shuffle enough dictionary words around to infringe somebody's copyright in a reasonable amount of time. I wonder how long it would take to output "it was a dark and stormy night"?
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That's ok as long as part four includes eliminating copyright law. The notion that 1's and 0's arranged in a certain way on certain media have intrinsic value is silly. Copyright causes the problems, not the violations of copyright. If we take away the expectation that a weekend posting from your parents' basement means a life of dedicated 100Mb DSLs and SDRAM out the ears, maybe "crap" will disappear.
When trolling becomes a business, th
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How about students or anybody saying to the University or the ISPs: "If you give my name to the **IAA or anybody else, I'll sue you for breach of privacy. Please erase any personal use info from your system." What do Universities, which are really an ISP and other ISPs have to gain by keeping logs of who uses what internet address when? In for pay ISPs, they might identifiable user data it for a month or two and then they should erase all such
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Re:People are finally starting to get it (Score:5, Funny)
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Re:People are finally starting to get it (Score:5, Funny)
Get some sense? (Score:5, Insightful)
But instead, they decide the law doesn't apply to them anymore and use as many underhanded and illegal tactics as they can. Now it doesn't matter if the RIAA is right, nobody in their right mind could possibly side with them.
This is completely disregarding the entire concept of following the advances in technology instead of trying to fight them. If they'd simply tried to embrace technology and make it easy and quick to buy music, instead of doing everything they can to make it painful and slow... Maybe they'd actually be making more money than ever.
Instead, they've now got entire countries talking about legislature to make the copying of intellectual property legal.
Re:Get some sense? (Score:4, Insightful)
Really? I thought that it was only against the law to distribute IP you don't hold the rights to. I don't have much knowledge about laws in the USA (which I assume is what you mean) OTOH, so I may be wrong.
Re:Get some sense? (Score:5, Insightful)
No. And most laws in European and other countries that have signed onto WIPO are basically uniform. A copyright holder has exclusive rights. These include:
In other words, if we look at (1), then it becomes obvious: to download is to make a 'reproduce the copyrighted work in copies'. Literally, it seems, copyright is the 'right to copy'. Downloading a copyrighted work is against the law.
Now, there is a difference between willful infringement and non-willful infringement. Willful infringement means that you know you're making a copy of a copyrighted work, and non-willful means that you don't know what you're copying is copyrighted or not. It could be argued that because downloads don't carry a notice, that the downloader has no idea whether or not what he's downloading is copyrighted and not licensed for download or if it is licensed for free download, or public domain or what.
It's somewhat of a specious argument -- you'd almost have to be half stupid to think that a song labeled, say, 'Smashing Pumpkins - 1979' (what I happen to be listening to
But -- I've seen stranger things being believed by courts and juries.
IANALBIPOOGL
(I am not a lawyer, but I play one on GrokLaw)
In downloading the copy is made by the server (Score:2, Interesting)
So rule (1) does not apply on the downloader. Yes, RIAA could still make it stick, if they found a judge who doesn't know computers (the vast majority out there and so a near certainty).
Re:In downloading the copy is made by the server (Score:4, Insightful)
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Having the data sent to you over the wire may or may not be a legal problem, but as soon as you commit that data to disk, you've created a copy of the materials in question. Of course, this also means that every web browser on the planet breaks Copyright law by caching web pages, but that's another issue
So by that logic... (Score:4, Interesting)
At first I thought downloading would cut and dry be against copyright law, but now I'm not so sure. I don't think the obligation to determine if the source is a legitimate distribution system should fall upon the user. By 'common sense', currently most P2P networks today with obviously copyrighted materials is a legally questionably thing to do (since you are definitely becoming the source), but what happens when a source with an air of legitimacy starts up a P2P based service that turns out to be illegal? Should users be penalized just because they were frauded and allowed their upstream bandwidth to be use by the company to commit copyright violation without their knowledge?
From a legal perspective, I'm actually finding myself thinking the only sane entity to chase would be the one who initially injects the content into the P2P network (i.e., the person who posts a torrent to a tracker). The second logical place would be the tracker itself if they have a demonstrated history of ignoring copyright notices, but the users, it's hard to say. Forget the technicality of whether the protocol borrows some of their upload, their action isn't really as different from using a DVR as one might think.
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But, but, officer, I wasn't speeding, my car was! You're splitting hairs. If I cause the copy to be made, by downloading, then I'm responsible for making the copy, no matter which piece of equipment actually did the copying. No, it doesn't matter that I don't own it, either - "but, officer, not only wasn't I speeding, it's not even my ca
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Assuming you're operating within a country with standard copyright laws, in general everything is automatically copyrighted. So any reasonable person should assume that everything they download is copyrighted by someone.
and not licensed for download or if it is licensed for free download, or public domain or what.
This is the same as when developers want to use so
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Downloading a copyrighted work is against the law.
The catch being that there is no certain way to determine if a work is copyrighted until it is downloaded.
Clarifications (Score:2)
Not necessarily. (1) says downloading *without a copyright holder's permission* is against the law. There's a big difference, and one that plays right into the RIAA's hands. Many artists *want* there songs copied since they are free advertising for their live concerts (where they make the real money). Look at YouTube and examine the number of videos that have been put on by the original artists if you want evidence of how even mainstream non-indie artis
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Those copyrights are not absolute. That is, it is *not* the case that every time a copy is made, including when it is downloaded, it is an illegal act.
Copyrights are exclusive and limited rights. The limits are in the term of protection and those exceptions. Those exceptions include
-fair use (107), which has included personal uses including copies for friends and family
-li
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In the US, that is where fair use comes into play. Of course, that's why they created the DCMA which effectively makes using your right of fair use illegal. That's why they want every song or movie to be encrypted in some form. In order to decrypt it, you would have to violate the DCMA unless you are using an officially supported player.
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I wonder if the RIAA will ever stop and realize that if they'd just fought this war fairly, most people would have been understanding with them. That if they'd did all the legal work they should have, and caught people with fair tactics, that jurors and the general public would be on their side. Because it IS against the law to download Intellectual Property you don't have rights to.
I'm not sure that they could have attacked it straightforward. They have no real means of doing good police work against people sharing files, unless you know of some other means to legally and accurately collect:
Sure, they could have been much more deliberate in their searching and verified each file downloaded, but they knew this woul
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This is completely disregarding the entire concept of following the advances in technology instead of trying to fight them. If they'd simply tried to embrace technology and make it easy and quick to buy music, instead of doing everything they can to make it painful and slow... Maybe th
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I applaud your choice not to download illegal music, even if only because there's none you like.
Unless you're saying that you DO download music, it just isn't the reason you don't pay for it. In that case, you are deluding yourself because you obviously like the music enough to listen to it, so you are breaking the law and lying to yourself.
I don't really care what
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Sounds an awful lot like a divorce. And in this case, I'm sure the majority of Americans would appreciate being divorced from the RIAA.
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iTunes Music Store is both quick and easy. I really am tired of hearing justifications for violating copyright. Its like everyone thinks they have a right to corporate media. I can't decide whose worse the RIAA or the RIAA junkies.
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There are no 'justifications' for breaking the law. There are only reasons. Reasons are enough for most people.
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Nice. That's SO convenient. I can't believe I've been blind all these years. You've helped me so much.
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The argument that online sales arent easy, thus people pirate, is just BS. Nowdays, its much easier for the average person to pay for music th
RIAA has never been Fair (Score:2)
Then in the 19
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I said I wondered if they'd ever realize their mistake.
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Class action lawsuit? (Score:2, Interesting)
I work for NC State (Score:5, Interesting)
On top of that then steps up and practices what it preaches.
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Isn't punishment a role for the designated authorities, not an arbitrary body?
I wouldn't be entirely proud.
No Student Responses? (Score:5, Insightful)
Re:No Student Responses? (Score:5, Funny)
Re:No Student Responses? (Score:5, Insightful)
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I say "anti-war" for while the majority of people there were against the war there were also significant amounts of gay-rights and other causes protesting.
Are you saying that gay-rights and other causes activists aren't good enough to protest the war with you?
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People unwilling to fight for freedom do not deserve it.
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Very nice, but lasting? (Score:5, Interesting)
Unfortunately, if the university's adminsitration isn't behind her (and they might well be, viz acedemic freedom), she could get reversed and reprimanded. Worse since the Regents ulimately report to the NC Legislature. Still, acedemics _can_ be cantankerous. And are expected to be or tenure would not be granted.
NC State Graduate, class of 2001 (Score:5, Insightful)
It might be useful to prattle on about how draconian and unjust copyright laws may be--to decry business models as antiquated and unrealistic and so on. But it would be a jury argument, not a legal one. The fact remains that these students probably *DID* do what they were accused of doing. And they probably *DID* know they weren't supposed to, and did it anyway. To couch wanton lawbreaking as political speech, as many of the more articulate "fuck the RIAA" folks tend to do, is just intellectually dishonest.
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What should be done is change the law and boycott the RIAA/MPAA. Why aren't we seeing more demonstrations on college campuses?
Re:NC State Graduate, class of 2001 (Score:5, Insightful)
Your nation (assuming you are American) has many beautiful stories about this: Davy Crockett saying "make sure you're right, then go ahead", or Thoreau, imprisoned for breaking a bad law (as he saw it) who was visited by his friend Emerson who said: "Thoreau, what are you doing in jail??!". Thoreau replied: "Emerson, what are you doing out of jail?".
So do you really find it hard to condone breaking a law? Or are you a status quo copyright law defender? (out with it man!
My own view (FWIW) is that it's ok to break a bad law, but you are going to have to face the consequences if caught. But I *don't* think you have to try and get caught unless you want to make a special civil disobedience point. And others do not have to help the defenders of a bad law catch those who break it either. So, it's ok to break copyright law if it's a bad law, and I happen to think current copyright law is bad.
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Your spin, which ignores the fact that you have no right to determine, for another person, what is and is not a "bad law", is utterly leading anyway.
"What, you mean you don't condone breaking a bad law?"
"Oh, so you agree it is a bad law!"
Tsk tsk. By the way, have you stopped beating your wife yet?
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There, fixed it for you.
Civil disobedience isn't just breaking the law... (Score:4, Insightful)
Breaking the law and then not taking responsibiliy for your actions isn't civil disobedience as Thoreau envisioned it.
Considering the number of people who fled speakeasies when they were raided in the '20s, I'm not sure how you can call that civil disobedience either.
Re:Civil disobedience isn't just breaking the law. (Score:2)
Considering the number of people who fled speakeasies when they were raided in the '20s, I'm not sure how you can call that civil disobedience either.
But I would submit that the vast number of people who fled speakeasies had a far greater influence on the eventual repeal of prohibition than those who willingly allowed themselves to be arrested.
Not to rain on the submitters parade but.... (Score:4, Insightful)
First ad on /. page (Score:4, Funny)
Report Software Piracy
Earn up to $200,000 for Reporting Pirated Software - All Confidential
bsa.org/reportpiracy
You go girl ! (Score:2)
well. in any case i wonder what we can do as
our support and even interest in the matter might encourage college administration to back her decision, given that many youngsters who interested in technology and going to get enrolled in colleges will be following
this can be a major chance for that university for going into spotlight
Loved that movie (Score:2)
Well, then who the fsck is Jimmy Valvano? I mean, hooray for stickin' it to the RIAA, but was this Jimmy dude even a nerd? I've got this nagging dread that he's a jock. That's pretty much a given when someone is elevated to mythic status for getting sick.
Re:Loved that movie (Score:4, Insightful)
Correction (Score:5, Informative)
Re:NCState webserver doesn't stand up to slashdott (Score:4, Funny)
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it's just very slow for me. slashdot loads very quickly though !
Re:NCState webserver doesn't stand up to slashdott (Score:2, Informative)
I actually work for NCSU and would be the admin for the Technician server if we hosted it. I'm pretty thankful right now that we don't.
Re:NCState webserver doesn't stand up to slashdott (Score:2)
Anyways, I think it is crazy that they are issuing John Doe lawsuits against a University. In the end, several of the claims will boil down to suits against the workstations in a computer lab. They won't be able to connect all of these suits to students.
Re:Not State, but State University. (Score:5, Informative)
NC State is the same way. Any time the government is talking, they'll call it the State of NC. NC State will always be the university.
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Re:Hypocritical to the extreme (Score:5, Interesting)
NCSU has a chancellor that writes open letters to the students telling them to "respect the DMCA" and NCSU's stance on student's intellectual property is to take it away from them and claim it belongs to the university. This one instance does not make NCSU grand or great and I will not applaud them until they do the right thing elsewhere within the University as well. Before anyone responds with "That's how it is in real life" or some other bullshit answer I encourage you to go look around at both employers and other universities practices in regards to employee/student developed IP. Most universities have started giving that IP to the students and do not keep it for themselves as NCSU does.
I'm pretty sure you're absolutely full of shit. Most Universities (and all that I've been a part of), and pretty much every company on the planet require grad students/employees to sign over rights to what you create. If you're talking undergrad - where you pay the university - that might be different, but unlikely even then if you developed that IP with university property. For grad work, where the university pays you, the university keeps the rights. Sometimes there's a royalty sharing agreement, but you don't get to negotiate it.
As for companies, if you find one that lets you keep IP that you create as an employee, stay there. I've never seen such a company.
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When I was an undergrad, I wrote an app using school-owned computers for the internal use of the campus radio station. I then wanted to GPL it, so I called the university's legal office. The lawyer I spoke to seemed to be confused about why I was even calling her, because of course I'm allowed to do what I want with it. Probably things are different there for grad students though.
I don't think they much care about using their copy of Visual Studio (or gcc) if you're looking to publicize something you did
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I think you may have missed the point of my post. The idea that the lawyer said I could apply the GPL to it implies that I was legally the author, which means that I could also have commercialized it, and the school would have little recourse (IANAL though).
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I think you may have missed the point of my post. The idea that the lawyer said I could apply the GPL to it implies that I was legally the author, which means that I could also have commercialized it, and the school would have little recourse (IANAL though).
I don't think they would agree with those implications. Circumstances would depend though - did you write the software as part of your role as an employee? Were you paid to do it? If not - if you did it in your free time - then it's absolutely yours
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I don't think they would agree with those implications. Circumstances would depend though - did you write the software as part of your role as an employee? Were you paid to do it? If not - if you did it in your free time - then it's absolutely yours, and you effectively just gave them a free license. But that's a different story than the original thread, which was the notion that student employees can routinely keep the rights to things that they do in their capacity as institutional employees, which they generally can't.
The question hinges on this: 1) did they pay you to do the work? and 2) did you use their resources to do it (computers they probably don't care). If the answer to either is 'yes', you probably don't own it. I'm a scientist, and I definitely couldn't patent my work I accomplished as a grad student on my own and keep the rights. Where I was, I'm pretty sure that applied to software too.
Note in the GPL discussion, you are definitely the author, but to GPL it you have to also have the rights to it. This could be because they have no claim (you did it outside your role with the school), or because they give up their claim.
I wasn't paid to do this, though I did use the school's radio station, which includes some non-computer elements, to develop and test it. Because the school provides a broadcast to the community at large as a service, one might argue that supporting that effort is a "role with the school." Despite this, the lawyer I spoke to didn't imply that the school had any claim whatsoever to what I wrote, which is what I thought was notable.
Also as an undergrad, I wrote software as part of paid research assistant po
Er... fascinating. (Score:2)
http://www.utsystem.edu/OGC/intellectualProperty/w howns.htm [utsystem.edu]
# It permits faculty ownership of scholarly, artistic, literary, musical and educational materials within the author's field of experti
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Now here is a cup of STFU: /copyright/PatentAndCopyrightPolicies.pdf
http://intranet.northcarolina.edu/docs/aa/research [northcarolina.edu]
http://www.provost.duke.edu/pdfs/IntelProp.pdf [duke.edu]
And those two are just in the fucking near by area. I'm not going to disclose who I work for but I promise you that the organization does indeed provide it's employees with ample opportunity to invent and patent their inventions.
Here's a cup of reading comprehension genius - read page 2 of that UNC policy and tell me who the patents are OWNED B