online management system

[Boswell, Carl A - (cboswell)]

Hello all,
Some months back there was a thread regarding online management of
services/systems, and specifically the software offered by the Intitut
Pasteur, PPMS.  There were a couple of comments on its utility so it seemed
something worth looking at.

My question is, has anyone else tried to get a copy to evaluate?  This stems
from my attempts to do just that, which have been thwarted by the Academic
License Agreement.  Our Technology Transfer office insists that the State of
Arizona cannot be governed by the laws of France (no surprise there), and
that we are fobidden by State law to sign an imdemnify clause.  At the same
time, IP insists that these caveats must stay, and the agreement cannot be
"silent" on these issues.  If your institution has managed to work past
these issues, can you please tell me how?

Overall, it seems like a heck of a way to manage software intended for
worldwide distribution.

Many thanks,

carl

Carl A. Boswell, Ph.D.
Molecular and Cellular Biology
University of Arizona
520-954-7053
FAX [phone]

[Alison J. North]

Dear Carl,

The PPMS software is currently under further development within my lab
at the Rockefeller University, since its author is now working here.  
Therefore the rights to it are actually under joint agreement between
the Pasteur and the Rockefeller.  We agreed that we want to allow other
non-profit institutions to benefit from this work for free, even though
first the Pasteur and now the Rockefeller have funded its entire
development, but that we did not feel it would be appropriate for
companies to gain free access to the software - hence the license
agreement, which is handled by the Pasteur and is therefore naturally
governed under French law.
So far at least 20 other labs are using the software, in many different
countries including the USA, and nobody has informed us of this problem
with signing the agreement (even though we realize it's a bit of a pain
to have to go through).  So is this something specific to the State of
Arizona?  And if so, would it help if we were able to provide a License
Agreement from the Rockefeller instead?  Or won't the State of Arizona
allow itself to be governed by the laws of the State of New York either?
:-)  Anyway, we are a bit confused by this, so rather than bombarding
everybody on the listserver further, we will contact you offlist to see
if we can resolve this for you.

Best wishes,
Alison


Carl Boswell wrote:

> Hello all,
> Some months back there was a thread regarding online management of
> services/systems, and specifically the software offered by the Intitut
> Pasteur, PPMS.  There were a couple of comments on its utility so it
> seemed something worth looking at.
>
> My question is, has anyone else tried to get a copy to evaluate?  This
> stems from my attempts to do just that, which have been thwarted by
> the Academic License Agreement.  Our Technology Transfer office
> insists that the State of Arizona cannot be governed by the laws of
> France (no surprise there), and that we are fobidden by State law to
> sign an imdemnify clause.  At the same time, IP insists that these
> caveats must stay, and the agreement cannot be "silent" on these
> issues.  If your institution has managed to work past these issues,
> can you please tell me how?
>
> Overall, it seems like a heck of a way to manage software intended for
> worldwide distribution.
>
> Many thanks,
>
> carl
>
> Carl A. Boswell, Ph.D.
> Molecular and Cellular Biology
> University of Arizona
> 520-954-7053
> FAX [phone]

--
Alison J. North, Ph.D.,
Research Assistant Professor and
Director of the Bio-Imaging Resource Center,
The Rockefeller University,
1230 York Avenue,
New York,
NY 10065.
Tel: office ++ 212 327 7488
Tel: lab     ++ 212 327 7486
Fax:         ++ 212 327 7489

[Knecht, David]

We had the same problem when I tried to get the software.  I badgered  
the officials here and they finally agreed, "After some discussion  
with the University Of Connecticut Institutional Official we have in  
fact decided to move forward with French Law, as the applicable law  
governing the agreement."  It was a headache which I am sure you will  
see again and perhaps no one has bothered to contact you (since we did  
not know the author was at Rockefeller).   Dave

On Jun 24, 2009, at 2:50 PM, Alison North wrote:

> Dear Carl,
>
> The PPMS software is currently under further development within my lab
> at the Rockefeller University, since its author is now working here.
> Therefore the rights to it are actually under joint agreement between
> the Pasteur and the Rockefeller.  We agreed that we want to allow  
> other
> non-profit institutions to benefit from this work for free, even  
> though
> first the Pasteur and now the Rockefeller have funded its entire
> development, but that we did not feel it would be appropriate for
> companies to gain free access to the software - hence the license
> agreement, which is handled by the Pasteur and is therefore naturally
> governed under French law.
> So far at least 20 other labs are using the software, in many  
> different
> countries including the USA, and nobody has informed us of this  
> problem
> with signing the agreement (even though we realize it's a bit of a  
> pain
> to have to go through).  So is this something specific to the State of
> Arizona?  And if so, would it help if we were able to provide a  
> License
> Agreement from the Rockefeller instead?  Or won't the State of Arizona
> allow itself to be governed by the laws of the State of New York  
> either?
> :-)  Anyway, we are a bit confused by this, so rather than bombarding
> everybody on the listserver further, we will contact you offlist to  
> see
> if we can resolve this for you.
>
> Best wishes,
> Alison
>
>
> Carl Boswell wrote:
>> Hello all,
>> Some months back there was a thread regarding online management of
>> services/systems, and specifically the software offered by the  
>> Intitut
>> Pasteur, PPMS.  There were a couple of comments on its utility so it
>> seemed something worth looking at.
>>
>> My question is, has anyone else tried to get a copy to evaluate?  
>> This
>> stems from my attempts to do just that, which have been thwarted by
>> the Academic License Agreement.  Our Technology Transfer office
>> insists that the State of Arizona cannot be governed by the laws of
>> France (no surprise there), and that we are fobidden by State law to
>> sign an imdemnify clause.  At the same time, IP insists that these
>> caveats must stay, and the agreement cannot be "silent" on these
>> issues.  If your institution has managed to work past these issues,
>> can you please tell me how?
>>
>> Overall, it seems like a heck of a way to manage software intended  
>> for
>> worldwide distribution.
>>
>> Many thanks,
>>
>> carl
>>
>> Carl A. Boswell, Ph.D.
>> Molecular and Cellular Biology
>> University of Arizona
>> 520-954-7053
>> FAX [phone]
>
> --
> Alison J. North, Ph.D.,
> Research Assistant Professor and
> Director of the Bio-Imaging Resource Center,
> The Rockefeller University,
> 1230 York Avenue,
> New York,
> NY 10065.
> Tel: office ++ 212 327 7488
> Tel: lab     ++ 212 327 7486
> Fax:         ++ 212 327 7489

Dr. David Knecht
Department of Molecular and Cell Biology
Co-head Flow Cytometry and Confocal Microscopy Facility
U-3125
91 N. Eagleville Rd.
University of Connecticut
Storrs, CT 06269
860-486-2200
860-486-4331 (fax)




Dr. David Knecht
Department of Molecular and Cell Biology
Co-head Flow Cytometry and Confocal Microscopy Facility
U-3125
91 N. Eagleville Rd.
University of Connecticut
Storrs, CT 06269
860-486-2200
860-486-4331 (fax)