I am strongly in favour of Open Acess, but Open Access is not always helped
by lack of money for editing etc.

For example:
Acta Crystallographica is not Open Acess.
In one manner or another publishing must be financed.
Libraries pay fees for the journals. The fees help the International Union of Crystallography. The money is used for sponsoring meetings, and some scientists that come from less rich
institutions benefit from it.

Open Acess to NIH sponsored scientific work will be for all world tax payers and tax doggers as well. OR May be you would suggest that NIH sponsored work should be accessed only by US tax payers with a valid social security number? The journal server will verify that Tax for the current year has been filed with the IRS server. A dangerous invasion of privacy!
The more legislation we add the worse off we are.

If the authors of a paper wants their work to be available to the general public there is Wikipedia. I strongly support an effort by all members of ccp4bb to contribute a general public summary of their work on Wikipedia.
There are Open Source journals as well.

I would urge everybody NOT to sign the petition. Elsevier will not last for ever, and the less accessible the work that they publish, the worse for them in terms of impact factor. In the old days, if your institution did not have the journal, most likely you would not reference the work
and the journal was worth nothing.
We are the ones that will decide the future of Elsevier. Elsevier will need to strike a balance between excellent publishing with resonable fees or not getting referenced. A law that enforces a copyright will not help them.
They are wasting their money on lobbing.

The argument that NIH scientist need to publish in High Impact Factor Journals by Elsevier does not hold up: 1) We should consider the use of impact factor as a NEGATIVE contribution to science. 2) Each article can now have its own impact factor on Google Scholar, independent on the journal it is published in.
3) Even for journals not indexed on PubMed,  Google Scholar finds them.

I hold the same opinion for the OsX debate.
Don't buy Apple! Use linux instead. When enough people protest where it really hurts the company, they will no longer have the money to lobby the American Congressmen. If they make an excellent product, then they deserve the money and quite rightly they can try to build a monopoly around their technology. I fight that, I use LINUX.

By signing petitions we acknowledge the power of the legislators. This is another form of lobbing. If we disapprove of lobbing we should not engage in the practice even if we give
no money.
We have more powerful means of protest. The 24 Hour shutdown of Wikipedia meets my approval.

There is also patenting. How do we feel about it?
Some of the work I have done has also been patented. I do not feel right about it.

There is MONEY everywhere. This ruins our ability to acqure knowledge that should be free for everybody.
But since it costs to acquire it, it cannot be free.
LAWS should be for the benefit of the nation. But legislators have the problem of money to be re-elected.
Can we trust them?
Can we trust their laws?

Companies also play very useful roles. Some companies less so.
But at least they work for a profit and thus they must provide a worth while service.
This is not true for politicians.


Enrico.


--
Enrico A. Stura D.Phil. (Oxon) ,    Tel: 33 (0)1 69 08 4302 Office
Room 19, Bat.152,                   Tel: 33 (0)1 69 08 9449    Lab
LTMB, SIMOPRO, IBiTec-S, CE Saclay, 91191 Gif-sur-Yvette,   FRANCE
http://www.chem.gla.ac.uk/protein/mirror/stura/index2.html
e-mail: est...@cea.fr                             Fax: 33 (0)1 69 08 90 71

On Thu, 16 Feb 2012 16:47:26 +0100, Paula Salgado <p.salg...@imperial.ac.uk> wrote:

May I also suggest reading these:

https://intechweb.wordpress.com/2012/01/25/selected-reading-on-research-works-act-why-you-should-care/

https://intechweb.wordpress.com/2012/02/16/open-access-on-a-string-cut-it-and-it-will-grow-back/

Can non-US based scientists sign the petition, btw?


There are also several blogposts and discussions around regarding RWA
and subsequent calls for boycotts of publishers that support it. A few
examples (mostly from the UK):

http://cameronneylon.net/blog/the-research-works-act-and-the-breakdown-of-mutual-incomprehension/

http://gowers.wordpress.com/2012/01/21/elsevier-my-part-in-its-downfall/

http//www.elsevier.com/wps/find/intro.cws_home/elsevieropenletter

http//occamstypewriter.org/scurry/2012/02/12/an-open-letter-to-elsevier/

And my (very) personal views on the matter:
http://www.paulasalgado.org/archives/423

Best wishes
Paula

On 16 February 2012 15:24, Herbert J. Bernstein
<y...@bernstein-plus-sons.com> wrote:
The bill summary says:

Research Works Act - Prohibits a federal agency from adopting, maintaining, continuing, or otherwise engaging in any policy, program, or other activity
that: (1) causes, permits, or authorizes network dissemination of any
private-sector research work without the prior consent of the publisher; or
*(2) requires that any actual or prospective author, or the author's
employer, assent to such network dissemination. *

Defines "private-sector research work" as an article intended to be
published in a scholarly or scientific publication, or any version of such
an article, that is not a work of the U.S. government, describing or
interpreting research funded in whole or in part by a federal agency and to which a commercial or nonprofit publisher has made or has entered into an
arrangement to make a value-added contribution, including peer review or
editing, but does not include progress reports or raw data outputs routinely required to be created for and submitted directly to a funding agency in the
course of research.

==========================================

It is the second provision that really cuts the legs out from the NIH open access policy. What the NIH policy does is to make open access publication a
condition imposed on the grant holders in publishing work that the NIH
funded. This has provided the necessary lever for NIH-funded authors to be able to publish in well-respected journals and still to be able to require that, after a year, their work be available without charge to the scientific community. Without that lever we go back to the unlamented old system (at least unlamented by almost everybody other than Elsevier) in which pubishers
could impose an absolute copyright transfer that barred the authors from
ever posting copies of their work on the web. People affiliated with
libraries with the appropriate subscriptions to the appropriate archiving
services may not have noticed the difference, but for the significant
portions of both researchers and students who did not have such access, the NIH open access policy was by itself a major game changer, making much more
literature rapidly accessible, and even more importantly changed the
culture, making open access much more respectable.

The NIH policy does nothing more than put grant-sponsored research on almost the same footing as research done directly by the government which has never
been subject to copyright at all, on the theory that, if the tax-payers
already paid for the research, they should have open access to the fruits of that research. This law would kill that policy. This would be a major step
backwards.

Please read:

http://blogs.scientificamerican.com/evo-eco-lab/2012/01/16/mistruths-insults-from-the-copyright-lobby-over-hr-3699/

http://www.taxpayeraccess.org/action/action_access/12-0106.shtml

http://www.care2.com/causes/open-access-under-threat-hr-3699.html

Please support the petition. This is a very bad bill. It is not about
protecting copyright, it is an effort to restrict the free flow of
scientific information in our community.

Regards,
Herbert

On 2/16/12 9:02 AM, Fischmann, Thierry wrote:

Herbert

I don't see how the act could affect the NIH open access policy. Could you
please shed some light on that?

What I read seems reasonable and I intend to ask my representatives to
support this text. But obviously I am missing something and like to learn
from you first.

Regards
Thierry


-----Original Message-----
From: CCP4 bulletin board [mailto:CCP4BB@JISCMAIL.AC.UK] On Behalf Of
Herbert J. Bernstein
Sent: Thursday, February 16, 2012 8:16 AM
To: CCP4BB@JISCMAIL.AC.UK
Subject: Re: [ccp4bb] Fwd: HR3699, Research Works Act

Dear Ian,

You are mistaken. The proposed law has nothing to do with preventing
the
encouragement people to break copyright law. It has everything to do with
trying to kill the very reasonable NIH open access policy that properly
balances the rights of publishers with the rights of authors and the
interests of
the scientific community.  Most publishers fare quite well under a
policy that
gives them a year of exclusive control over papers, followed by open
access.

It is, unfortunately, a standard ploy in current American politics to
make  a
law which does something likely to be very unpopular and very unreasonable
sound like it is a law doing something quite different.

   Please reread it carefully.  I think you will join in opposing this
law.  Science
benefits from the NIH open access policy and the rights of all concerned are respected. It would be a mistake to allow the NIH open access policy
to
be killed.

   I hope you will sign the petition.

   Regards,
     Herbert


On 2/16/12 6:29 AM, Ian Tickle wrote:


Reading the H.R.3699 bill as put forward
(http://thomas.loc.gov/cgi-bin/bdquery/z?d112:HR03699:@@@L&summ2=m&;)
it seems to be about prohibiting US federal agencies from having
policies which permit, authorise or require authors' assent to break
the law of copyright in respect of published journal articles
describing work funded at least in part by a US federal agency.  I'm
assuming that "network dissemination without the publisher's consent"
is the same thing as breaking the law of copyright.

It seems to imply that it would still be legal for US federal agencies
to encourage others to break the law of copyright in respect of
journal articles describing work funded by say UK funding agences! -
or is there already a US law in place which prohibits that?  I'm only
surprised that encouraging others to break the law isn't already
illegal (even for Govt agencies): isn't that the law of incitement
(http://en.wikipedia.org/wiki/Incitement)?

This forum in fact already has such a policy in place for all journal
articles (i..e not just those funded by US federal agencies but by all
funding agencies), i.e. we actively discourage postings which incite
others to break the law by asking for copies of copyrighted published
articles.  Perhaps the next petition should seek to overturn this
policy?

This petition seems to be targeting the wrong law: if what you want is
free flow of information then it's the copyright law that you need to
petition to overturn, or you get around it by publishing in someplace
that doesn't require transfer of copyright.

Cheers

-- Ian

On 16 February 2012 09:35, Tim Gruene<t...@shelx.uni-ac.gwdg.de> wrote:



-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Dear Raji,

maybe you could increase the number of supporters if you included a link to (a description of) the content of HR3699 - I will certainly not sign
something only summarised by a few polemic sentences ;-)

Cheers,
Tim

On 02/15/2012 11:53 PM, Raji Edayathumangalam wrote:



If you agree, please signing the petition below. You need to register
on
the link below before you can sign this petition. Registration and
signing
the petition took about a minute or two.

Cheers,
Raji

---------- Forwarded message ----------
From: Seth Darst<da...@mail.rockefeller.edu>
Date: Tue, Feb 14, 2012 at 12:40 PM
Subject: HR3699, Research Works Act
To:


Rep. Caroline Maloney has not backed off in her attempt to put forward
the
interests of Elsevier and other academic publishers.

If you oppose this measure, please sign this petition on the official
'we
the people' White House web site. It needs 23,000 signatures before
February 22nd and only 1100 so far. Please forward far and wide.


Oppose HR3699, the Research Works Act

HR 3699, the Research Works Act will be detrimental to the free flow of scientific information that was created using Federal funds. It is an
attempt to put federally funded scientific information behind
pay-walls,
and confer the ownership of the information to a private entity. This
is an
affront to open government and open access to information created using
public funds.

This link gets you to the petition:

https://wwws.whitehouse.gov/petitions#!/petition/oppose-hr3699-research-works-act/vKMhCX9k








- --
- --
Dr Tim Gruene
Institut fuer anorganische Chemie
Tammannstr. 4
D-37077 Goettingen

GPG Key ID = A46BEE1A

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