[2689] in Discussion of MIT-community interests
Re: [Mit-talk] Upcoming UA Issue - Student Group Property Ownership
daemon@ATHENA.MIT.EDU (Andrew Lukmann)
Wed Oct 18 01:14:23 2006
Date: Wed, 18 Oct 2006 01:14:54 -0400
From: Andrew Lukmann <lukymann@mit.edu>
To: Jonathan Wang <jtwang@mit.edu>
In-Reply-To: <98f5109179e051cfeb61cc54a5310c94@mit.edu>
Cc: mit-talk@mit.edu
Errors-To: mit-talk-bounces@mit.edu
John,
In the case of The Tech or LSC incorporating, I wasn't claiming that
their property would default to the UA, but rather to MIT itself as a
corporate entity. There is certainly a strong legal argument to be made
since all ASA-recognized student groups, undergraduate or graduate, are
simply arms of the Institute that any work done or property acquired on
their behalf can be claimed as property of MIT (even if the group
purchased the item using non-Institute funds). I was simply suggesting
that understanding that concept can help to illuminate other issues like
what happens when a student group is derecognized or whether the UA can
claim that capital purchases made using Finance Board funds can be
restricted or reallocated by the UA. These are all very interesting
questions (with little precedence) worthy of debate.
-Andrew L.
UAP
Jonathan Wang wrote:
> On Oct 17, 2006, at 6:41 PM, Andrew Lukmann wrote:
>> In one sense it can be stated that MIT owns all of the student group
>> property. However, what if a group such as The Tech or LSC were to
>> incorporate? Would they lose control of all of their current
>> possessions? What about intellectual property and archived data?
>> Would an incorporated Tech still own their own archived issues?
>
> Using your example, I certainly hope that The Tech and LSC maintain
> control of all their possessions and intellectual property. I can't
> speak for LSC, but I was intimately involved with The Tech for all
> four years of my MIT career. Not one dime of UA money ever went to The
> Tech, and it seems patently unfair for the UA to make a power grab for
> property bought with funds generated only by the group and the
> students who donated their time to said group.
>
> Students working for The Tech operate what is essentially a business
> (some more so than others). Any money generated by their business
> activity should be wholly controlled by them and be used as they see fit.
>
>> If an item is brought using UA Finboard funds, does that item belong
>> to the group or is it owned by the UA and entrusted to that student
>> activity? What happens to a group that disbands or is derecognized by
>> the ASA?
>
> I think the model used in government makes sense here. The United
> States government mails out welfare checks and food stamps. Food
> stamps allow the government to dictate how recipients spend the money
> the government gives them. This is a distribution in kind - the
> government gives people food in the interest of public health. On the
> other hand, the government also mails out welfare checks, which are
> wholly discretionary - the checks become the property of the recipient
> to do whatever they like with.
>
> Similarly, the UA could, on an item by item basis, provide funds to
> student groups in the interest of the public good with the restriction
> that those purchases be shared by student groups on some basis.
> However, general Finboard funding and student groups' generated income
> should be wholly owned by those groups.
>
> As for disbanded groups' property, the government has police/estate
> auctions. Why not do the same? Derecognized groups are tougher...
> there's a serious conflict of interest if their property can be
> repossessed. Suppose group A has something the UA/ASA really wants.
> What keeps the UA/ASA from derecognizing them for said property?
>
>> Conversely, the Division of Student Life could claim independently
>> that since they are the source of Institute funding for student
>> groups that unused property should default to them (perhaps LarryBen
>> would like The Tech's big screen TV).
>
> I'm curious, how does DSL apply to income generated by student groups?
> Could LarryBen actually repossess Tech property, given that it's all
> paid for from advertising revenue generated by The Tech?
>
> Jonathan
>
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