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
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
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]
Which is prohibited.
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.
If UC uses its lawful property ownership powers (or any other) to restrict someone's speech, it has acted contrary to the CA Constitution.
>CALIFORNIA CONSTITUTION
>ARTICLE 1 DECLARATION OF RIGHTS
>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.
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.
""" (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. """
What is the purpose of that wall of text you pasted?