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.
> 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]
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.
> 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.
>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.
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.
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.
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.
"""
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