Why Bayh-Dole has nothing to do with public access to articles under the Federal Purpose License

"In the course of our work on Federal public access policies and the Nelson Memo, one of the objections I’ve encountered recently is that federal agency initiatives to provide immediate public access to scholarly articles run afoul of the Bayh-Dole Act or may imperil a university’s patent rights to inventions created pursuant to federal funding. Another related objection is that Stanford v. Roche, a case about how a university must go about securing rights in patentable inventions from their faculty under Bayh-Dole, affects how universities obtain sufficient rights to comply with federal public access policies. 

I thought it would be worth explaining why we don’t think these are realistic problems for federal public access law or policy."