On Wed, Sep 25, 2013 at 9:12 AM, Laurent Romary <laurent.rom...@inria.fr>wrote:

> With all respect, Stevan, I am not sure it is worth answering publishers'
> policy tricks with deposit hacks. The core question is: does Elsevier
> fulfill, by making such statements, its duties as service provider in the
> domain of scholarly communication. If not, we, as institutions, have to be
> clear as to what we want, enforce the corresponding policy (i.e. we
> determine what and in which way we want our publications to be
> disseminated) and inform the communities accordingly. Such statements
> encourage us to increase our communication towards researchers concerning
> predatory behaviours. And this is one for sure.
> Laurent
>

Easy to state the principle, Laurent, but not so easy to get institutions
to do it. I am interested in practical results: Effective Green OA
Mandates, not a constraint on authors' choice of journal, not to reform
publishers, nor to teach authors the facts of life.

Institutions and funders can and should all adopt immediate-deposit
mandates. Then there is the question of which immediate-deposits to make
immediate (unembargoed) OA.

This posting about Elsevier was to inform authors and institutions that
Elsevier is still Green, as it has been since 2004, and that *they can and
should make their immediate-deposits immediately OA*.

That is a clear, simple, doable message.

Yours, I'm afraid, is not.

Let's agree to this: Institutions and funders can and should all adopt
immediate-deposit mandates. They can and should make all their Elsevier
immediate-deposits immediate OA.

Having done all that, they can follow your advice too, about what to do if
they feel "Elsevier is not fulfilling its duties as a service provider" (if
they can figure out what, exactly, it entails their doing -- and if they
feel like doing it: (1) Immediate OA (already covered above)? (2) Don't
publish with Elsevier? (3) Cancel Elsevier?

Stevan Harnad

Le 25 sept. 2013 à 07:56, Stevan Harnad a écrit :
>
> Here's Elsevier's latest revision of the wording of its author rights
> agreement stating what rights Elsevier authors retain for their "Accepted
> Author Manuscript 
> [AAM]<http://www.elsevier.com/journal-authors/author-rights-and-responsibilities?a=105167#accepted-author-manuscript>
> ".
>
> *Elsevier believes that individual authors should be able to distribute
> their AAMs [Accepted Author Manuscripts] for their personal voluntary needs
> and interests, e.g. posting to their websites or their institution’s
> repository, e-mailing to colleagues. However, our policies differ regarding
> the systematic aggregation or distribution of AAMs... Therefore, deposit
> in, or posting to, subject-oriented or centralized repositories (such as
> PubMed Central), or institutional repositories with systematic posting
> mandates is permitted only under specific agreements between Elsevier and
> the repository, agency or institution, and only consistent with the
> publisher’s policies concerning such repositories. Voluntary posting of
> AAMs in the arXiv subject repository is permitted.*
>
> Please see my prior analyses of this Elsevier 
> double-talk<http://j.mp/ElsevierDoubletalk> about
> authors retaining the right to make their AAMs OA in their institutional
> repositories "voluntarily," but not if their institutions mandate it
> "systematically." Here's a summary:
>
> *1.* The *author-side* distinction between an author's self-archiving
> voluntarily and mandatorily is pseudo-legal nonsense: *Authors can
> truthfully safely assert that whatever they do, they do "voluntarily." *
>
> *2.* The *institution-side* distinction between voluntary and
> "systematic" self-archiving by authors has nothing to do with rights
> agreements between the *author* and Elsevier: It is an attempt by
> Elsevier to create a contingency between (a) its "Big Deal" journal pricing
> negotiations with an *institution* and (b) that institution's
> self-archiving policies. *Institutions should of course decline to
> discuss their self-archiving policies in any way in their pricing
> negotiations with any publisher.*
>
> *3.* "Systematicity" (if it means anything at all) means systematically
> collecting, reconstructing and republishing the contents of a journal --
> presumably on the part of a rival, free-riding publisher, hurting the
> original publisher's revenues; this would constitute a copyright violation
> on the part of the rival systematic, free-riding publisher, not the author:
> An institution does nothing of the sort (any more than an individual
> self-archiving author does). *The institutional repository contains only
> the institution's own tiny random fragment of any individual journal's
> annual contents.*
>
> All of the above is in any case completely mooted if an institution adopts
> the ID/OA 
> mandate<https://www.google.be/?gws_rd=cr&ei=HXZCUoeuCM3HsgbIioG4Cg#q=%22immediate-deposit%22+harnad+mandate>,
> because that mandate only requires that the deposit be made immediately,
> not that it be made OA immediately. (If the author wishes to comply with a
> publisher OA embargo policy --*which Elsevier does not have* -- the
> repository's "Almost-OA" eprint-request 
> Button<https://wiki.duraspace.org/display/DSPACE/RequestCopy> can
> tide over researcher needs during any OA embargo with one click from the
> requestor and one click from the author.)
>
> *Stevan Harnad*
>  _______________________________________________
> GOAL mailing list
> GOAL@eprints.org
> http://mailman.ecs.soton.ac.uk/mailman/listinfo/goal
>
>
> Laurent Romary
> INRIA & HUB-IDSL
> laurent.rom...@inria.fr
>
>
>
>
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