Campaign for Cambridge Freedoms
25 May 2004
- the Council of Cambridge University published their Third
Report on Intellectual Property Rights. If these regulations are enacted in
their present form, they will have a chilling effect on entrepreneurship and on
academic freedom. They are up for discussion in the Regent House on the 7th
June.
It is not much different from the second
report, published on 26 March 2004. That went to a Discussion
in the Regent House on 11 May 2004, where it attracted much adverse comment.
The authorities then withdrew it for further consultation and redrafting.
If you want to know why intellectual property rights are really important to
academic and indeed cultural freedom, you could read Larry Lessig's latest book, or my detailed analysis of the first (2002) proposal.
Even if you don't have time for that, you really ought to read the account
by Mike Clark of how our research bureaucrats agreed, without his
knowledge or consent, that he would submit all his relevant publications
for vetting by a drug company that had licensed one of the University's
patents.
The second and third IP reports are based on the report
of the Cornish Committee, published in August 2003. This committee
suggested much as I predicted they would back in 2002: that the University take only patent
rights, as it won't be politically possible to take copyright too for the time
being. This would still be seriously bad news for the University and for the
wider economy. Nonetheless, the Cornish Report is still a damning indictment of
how the University has managed IP over the last couple of years. There was a Discussion
of the Report on the 21st October 2003, which showed that the mood of
the Regent House was against even Cornish's compromise, and in favour
of restoring our traditional rights.
The controversy has at least helped reinvigorate our democraic institutions. At
the 2002 Council elections, both of the members elected in class b were pro-freedom
(Ross Anderson and Martin Rees) while two of the four candidates elected in
class c had also come out in favour of freedom (Richard Barnes and James
Matheson) and the other two had declined to take a position. The openly pro-RSD
candidates - John Bell and Jeremy Sanders - were both defeated. At the 2004
elections, the first and second elected candidates (Mike Clark and Bob
Dowling) were pro-freedom.
Here follows the old 2002 CCF front page, which is pretty well as relevant now
as then:
2002
Freedoms at Cambridge University are under threat. A policy
change proposed by the University's Vice-Chancellor
will have a number of serious consequences for academics, for the student
body and for the wider community.
Previously, the copyrights and other intellectual property rights in
academic work at the University belonged (with a few narrow exceptions)
to the people who did the work. The Vice-Chancellor's proposals will
turn that round completely - everything (with a few narrow exceptions)
will belong to the University. The consequences will include the
following.
- Research effectiveness: As our most recent Nobel
Laureate Sir
John Sulston argues, the freedom to share information quickly, without
hindrance from patent lawyers or bureaucrats, is critical to effective
research. This does not just apply to genetics; in disciplines from
physics to computer science, it has become standard practice to
disseminate research by sharing software. However, some big donors -
such as Microsoft - dislike free software
and campaign vigorously against it. In future, the Vice-Chancellor
insists that the University supervise all free software releases.
This is completely unacceptable. If computer scientists, for example,
had to seek approval before even publishing a software patch, this
would make them an international laughing-stock.
- Academic freedom: the new policy will severely undermine academic
freedom by assuming the copyright in popular books written by
academics. So a book expressing controversial ideas could be
suppressed. Examples might include an economist criticising a policy
dear to the government of the day, or an English lecturer who writes a
novel attacked by religious extremists. The University would be in a
position to use the copyright either to suppress publication, or to
channel it somewhere safely obscure. Even if such censorship were not
practised on a daily basis, its mere possibility should be opposed. In
fact, a University
report earlier this year described academic ownership of copyright
as ``an important guarantee of academic freedom' and strongly
recommended that ``No change should be made to this basic rule.'' The
Vice-Chancellor has completely failed to explain what made the
University change its mind on this issue.
- Autonomy: the new policy will mean that academics
no longer have a veto on how our ideas
are exploited. Many researchers make it a point of principle to
publish their ideas rather than patenting them, so they are free for
everyone to use. Some oppose patents on principle, for example as harmful to sustainable
development. The university's FAQ on this issue says that there is
no intention to go against the wishes of the inventor, but that is not
good enough. The are persistent rumours that the University plans to
bundle up our future IP and sell it off to a bank, as happened at Imperial. A
flinty-hearted fund manager at Citibank may not be very sympathetic to
a leftist inventor's principles.
- Effects on employment: the proposals will
adversely change the employment conditions of
existing faculty by expropriating the copyrights and patents in much
of the work that we do after the end of 2002. For example, many
historians supplement their meagre salaries by writing popular history
books. From next year, the University will be in a position to demand
up to 67% of the royalty income. This will make recruitment and
retention of historians much harder, and many other fields will be hit
too.
- Effects on students: even where books are not
aimed at the popular market, all books based on lecture notes will be
claimed by the University. This is likely to prevent academics who
have already written textbooks from producing new editions, to
discourage others from producing printed notes on any subject on which
they might some day write a textbook. Already, at least one professor
has simply cancelled a course that might make his books liable to
taxation by the University.
- Effects on industry: despite the damage done in
the name of raising money, the proposals will not benefit the majority
of businesses in the Cambridge area. Indeed, the definitive study of the
Cambridge Phenomenon argued that the large number of high-tech
businesses spun off from the University owed a lot to the fact that
academics own our patents and copyrights, so those who were inclined
to doing business start-ups could do so without having to appease
University bureaucrats at every step and hand over most of the
resulting profits. (The second edition remarks that it is probably
already harder, from an IP perspective, for academics to drive
spin-out creation.) The Cambridge technology transfer scene is also
very diverse at present; creating a University monopoly on academic IP
is simply the worst thing that could happen for entrepreneurship. Most
local `business angels' believe that if the proposals go ahead, they
will kill the goose that lays the golden eggs.
The Campaign for Cambridge Freedoms is determined to stop the
Vice-Chancellor's proposals going through, if necessary by defeating
them in a vote in the Regent House. There was a Discussion in the
Regent House on the 15th
and 22nd October, that was even reported by the BBC. One
of the highlights was a speech by Tom Körner; we also received
overwhelming support from Cambridge University Students'
Union.
It turns out that Grace
no. 6 of 30th March 2001 expropriates all intellectual property resulting
from externally funded research in the University. This sneaked through
without people noticing it. So it will not be sufficient to defeat the current
proposals; we will have to repeal Grace 6 as well, will fully retrospective
effect.
If these issues concern you, please reply to the consultation on the proposed changes being run by the Cornish committee. For
background data on what other universities here and in the USA do, read
our detailed analysis of the proposed
changes, which also describes their likely effect on individual faculty
members, students, departments, the University, the regional economy,
and academic freedom; and you'll likely also want to read up on the history of intellectual
property at Cambridge, and see our rebuttal of the arguments used so far by the
Vice Chancellor's faction. There's also an ongoing discussion on
ucam.change.governance. These resources should help you work out how
the proposal will affect your own work, and will give you ammunition
when discussing it with colleagues.
The members of the committee are:
There has been significant press coverage, including articles in the Observer,
the Telegraph, the Cambridge
Evening News, ZDNET, THES, the Wall Street
Journal, the BBC and Varsity.
There is a mailing list
you can join, and there is also some discussion of the issue on the
ucam.change.governance newsgroup. (We also have our own Dilbert :-)