From DSMITH@uoft02.utoledo.edu Wed Dec 16 09:10:41 1992 Date: Wed, 16 Dec 1992 13:10:41 -0400 (EDT) From: "DR. DOUGLAS A. SMITH, UNIVERSITY OF TOLEDO" Subject: reality check - with apologies To: chemistry@ccl.net, mmodinfo@uoft02.utoledo.edu, hyperchem@autodesk.com Message-Id: <01GSDUYWTOZ6000417@UOFT02.UTOLEDO.EDU> 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?