This is an excerpt from a new post on my blog which proposes a shift  
from the detailed BBB definition of open access to Peter Suber's brief  
definition, as follows:  Open-access (OA) literature is digital,  
online, free of charge, and free of most copyright and licensing  
restrictions (from Suber's Open Access Overview).

Rationale

In my dissertation, I map and analyze the relationship of open access  
and various Creative Commons licenses and conclude that OA and CC  
licenses, despite superficial similarities, simply do not map, and  
that attempting to equate OA with a particular CC license such as CC- 
BY is highly problematic for scholarship.

For a journal, I argue that the best way to express a journal's open  
access status may well be the default Open Journal Systems (OJS)  
statement, which reads: this journal provides immediate open access to  
its content on the principle that making research freely available to  
the public supports a greater global exchange of knowledge.

This is an open definition in a very important sense: it leaves room  
for scholars to consider, and experiment with, exactly what open  
access can or should mean, or do for scholarship. We should be  
articulating the commons - engaging in thinking about what a knowledge  
commons might mean - not jumping to a quick technical solution such as  
a particular CC license (acknowledging that the CC licenses, all of  
them, are valuable tools for scholars). Some of the elements that we  
should consider in articulating the commons include:

        •  the traditional concept of reciprocity that is an expectation with  
gift-giving in many various societies, as reported by Mauss;
        • developing a sustainable knowledge commons could benefit from the  
research of Ostrom, for example the importance of developing community  
expectations and sanctions in sustaining a commons; and,
        • expanding the limitations of western concepts of ownership through  
incorporating concepts from traditional knowledges.

The post goes on to dispel some common myths about CC-BY. In brief:

Creative Commons licenses are not like open access in that they are  
not specific to works that are free of charge. Any of the CC licenses  
can be used with toll access works.

CC-BY is not necessary, sufficient, or even desirable for data or text  
mining.

CC-BY does not mean that a work will remain open access. A CC-BY copy  
will always retain the CC-BY license, however the licensor can change  
their mind and apply a different license anytime. One example of where  
this could happen is if an open access publisher is sold to another  
company; the buying company has no obligation to keep the works open  
access.

Contrary to the opinions of some, there is NO emerging consensus on  
the use of CC-BY. As of summer 2012, for example, only 11% of the  
journals in DOAJ used CC-BY, and outside of the full open access  
journals in DOAJ, use of the CC-BY license is even less common. All  
faculty permissions open access policies specify that works are not to  
be sold for a profit - this strongly suggests that researchers are not  
wholly supportive of giving their works away for others to sell, as  
with CC-BY.

More detail, and a link to the relevant section in my dissertation  
with even more detail, can be found at:
http://poeticeconomics.blogspot.ca/2013/01/a-simple-definition-for-open-access_8.html

Respectful comments and questions are welcome and encouraged.

Heather Morrison, PhD
http://pages.cmns.sfu.ca/heather-morrison/
The Imaginary Journal of Poetic Economics
http://poeticeconomics.blogspot.com
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