[ RadSafe ] US Government Charging for Radiation Safety Software

[John_Sukosky at dom.com]

Wes,

Last month, I asked ORNL that very same question.  Here the
response I received:

"As for the fee, RSICC does not and has never received any funding
from utilities to cover requests from utilities.  Should utilities
decide to send our Center funding, we would gladly accept it.
Until that happens, a cost recovery fee must be assessed for the
codes we distribute."

John M. Sukosky, CHP
Dominion
Surry Power Station
(757)-365-2594 (Tieline: 8-798-2594)



                                                                                                                                   
                      "Wesley"                                                                                                     
                      <wesvanpelt at att.n        To:       "'RADSAFE'" <radsafe at radlab.nl>                                           
                      et>                      cc:       "'Wesley R. Van Pelt'" <wesvanpelt at att.net>                               
                      Sent by:                 Subject:  [ RadSafe ] US Government Charging for Radiation Safety Software          
                      radsafe-bounces at r                                                                                            
                      adlab.nl                                                                                                     
                                                                                                                                   
                                                                                                                                   
                      02/13/2005 08:05                                                                                             
                      PM                                                                                                           
                      Please respond to                                                                                            
                      WesVanPelt                                                                                                   
                                                                                                                                   
                                                                                                                                   




Fellow Radsafers,



Some days ago I asked you if Varskin 3 is available on the internet. This
is
a terrific computer program written by James Durham that calculates beta
skin dose from any beta radionuclide deposited on or near the skin.



Several of you kind folks pointed me in a few directions. But the bottom
line seems to be that, unless it is for research or educational use only,
one must pay $300 to RSICC at ORNL (Oak Ridge National Lab) for the Varskin
3 software.



I believe that Varskin 3 was developed using US taxpayer funds. (Someone
correct me if I am wrong.) This means that the US government is charging us
TWICE for the privileged of using this software.



I looked up some copyright information and found this from the US Code (17
USC 105):



§105. Subject matter of copyright: United States Government works

Copyright protection under this title is not available for any work of the
United States Government, but the United States Government is not precluded
from receiving and holding copyrights transferred to it by assignment,
bequest, or otherwise.



I wonder if it is legal for RSICC, a government entity, to charge for the
software it distributes. I wonder if the government claims to hold the
copyright for this software. If the $300 is just a copying fee, then anyone
receiving the software should be able to freely distribute it.



Any enlightened comments will be appreciated.



Best regards,

Wes

Wesley R. Van Pelt, PhD, CIH, CHP

Wesley R. Van Pelt Associates, Inc.











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