The attached message will be of interest to those thinking about the 
question of rights in ownership of material created by academic staff.

 
- - - - - - - Forwarded Message Follows 
- - - - - - - Date:          Fri, 20 Sep 1996 15:47:23 -0700 (PDT)
From:          Phil Agre <[log in to unmask]>
To:            [log in to unmask]
Subject:       faculty rights in electronic publication
Reply-to:      [log in to unmask]

[Larry Press, a well-known Internet innovator over many years, recently had
his Web pages appropriated by his university, and he wants to know if others
have had similar experiences.]

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
This message was forwarded through the Red Rock Eater News Service (RRE).
Send any replies to the original author, listed in the From: field below.
You are welcome to send the message along to others but please do not use
the "redirect" command.  For information on RRE, including instructions
for (un)subscribing, send an empty message to  [log in to unmask]
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

Date: Fri, 20 Sep 1996 11:57:02 -0800 (PST)
From: [log in to unmask]

[...]

=====

The Right to Academic Network Access 

I am a professor, and when I returned to campus for the first day of 
the semester, I switched on my PC and launched Netscape.  The browser 
tried to link to the Web site my students and I had designed and built 
for my School, but it was not found.  Figuring the server had crashed, 
I looked for our support person.

But, there had been no crash.  An associate dean had decided to turn 
my site off, and create a new Web presence for the School.  The 
appearance and organization would be changed, but my content would be 
used.  The old server would be turned off and my material deleted once 
the copying was complete.  They estimated this would take only a few 
days, and the old domain name would become an alias for new site.

My first reaction was astonishment at the professional disrespect, but 
on reflection, this incident raises a much more important concern. I 
have put intellectual property on university-owned computers which can 
only be accessed over university-owned and controlled communication 
links.  This leaves me feeling very vulnerable.  

This action cost me in several ways:

1.  I lost time.  The server had information on faculty, students, 
    staff, departments, and academic programs, and was built during a 
    sustained, part-time effort over a year.  The design and 
    organization also required considerable planning and revision.  I 
    undertook the project to provide a realistic project for students 
    and as a service to the school, and was not compensated.

2.  I lost teaching material, and my teaching plans were disrupted.  I 
    used the site as an major example in discussing design tradeoffs, 
    and had planned to extend it this term with database access, 
    streaming audio, communication with international applicants, etc.  

3.  I lost visibility, because the change invalidates my URL.  I have 
    given my URL in many articles and talks, on business cards, the 
    Internet, etc., and it is indexed in network directories.  
    Invalidating my URL makes it difficult for others to find my work.  

I have lost intellectual capital, as if lecture notes had been destroyed 
and articles expunged from library shelves.  There was no financial gain 
from this action -- I suppose the currency is bureaucratic credit.  The 
faculty/administration power balance has shifted a bit.  

The university might argue that they have a right to do what they wish 
with their equipment; however, I have been damaged.  I had been open 
in my server design, and they knew what I had on it.  I have lost 
time, must develop new teaching material, and my professional standing 
is diminished each time someone unsuccessfully seeks my home page.

This incident could have been avoided had there been an agreement 
covering faculty rights in electronic access (analogous to an 
acceptable use policy restricting faculty).  For example, I would like 
the right to publish scholarly writing and teaching material on the 
Internet as long as I do not violate specified legal or ethical 
standards.  This requires the availability of storage and physical 
connection and accessibility.  Using today's standards, the material 
would have to be on a host connected to the Internet with IP protocols 
and accessible via the DNS.  There should also be guarantees of 
continued accessibility in the event that, say, information is moved 
to a new computer, a file structure is altered, or one changes jobs.

Academic freedom and credit for intellectual accomplishment are at the 
heart of the university.  However, those of us who have seen 
universities from the inside have seen our share of petty political 
games and power struggles.  Faculty vulnerability will increase if, in 
the future, scholarly work migrates from print journals and 
proceedings to electronic media controlled by university 
administrators and teaching material moves from textbooks and 
notebooks to the Net.  We need cultural norms and explicit agreements 
and guarantees for university-based electronic publication.

Let me close with two questions:

1.  Have others had similar experiences on their campuses?

2.  Have any schools addressed these issues, and written guidelines 
    stating faculty rights in electronic access?


%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%