Don't rail against the publishing industry. 

Just "lower the bar" and mandate ID/OA. 
http://openaccess.eprints.org/index.php?/archives/71-guid.html

ID/OA mandates are immune to Elsevier's FUD clause. 

ID/OA delivers at least 60% immediate OA plus 40% Almost-OA.

And once ID/OA mandates are universally adopted, there 
will be no stopping 100% Green Gratis OA.

And, soon thereafter: universal, affordable Gold OA plus
all the Libre OA (CC-BY) you want and need.

Stevan Harnad

On 2012-05-13, at 11:51 AM, Peter Murray-Rust wrote:

> 
> 
> On Sun, May 13, 2012 at 4:06 PM, Stevan Harnad <[email protected]> wrote:
> ** Cross-Posted **
> 
> On Sat, May 12, 2012 at 4:49 PM, Peter Murray-Rust <[email protected]> wrote:
> >
> > On Sat, May 12, 2012 at 9:10 PM, Stevan Harnad <[email protected]> wrote:
> >>
> >
> > Stevan,
> > Could you please explain this clause? (This is my ignorance as I don't
> > publish with Elevier and so am unfamiliar with their author-side contracts).
> > Does it mean that Elsevier sometimes allows Green Open Access and sometimes 
> > don't?
> 
> It means that Elsevier formally endorses its authors' right to make
> their final, peer-reviewed drafts Open Access immediately upon
> publication (no embargo) by posting them on their institutional
> website (Green Gratis OA) -- "but not in institutional repositories
> with mandates for systematic postings."
> 
> It is exactly this sort of clause - usually badly written - that is 
> widespread in publishers documents (if you can even find them).  Just 
> remember that *we* pay for their lawyers' salaries. The strategy is common 
> and exemplified by Ross Mounce's work on licences. Make it complex and make 
> it different from every other publisher. Never use a single community-agreed 
> approach. 
> 
> If the publishers wanted to make it simple and professional it could have 
> been done a decade ago. It's not hard. A protocol and licence saying what 
> could/not be done in Green OA.
> 
> What I worry about is that the publishers can change the rules whenever they 
> feel like. They are quit capable of saying it's "Green" just as Wiley has 
> done for highly paid "Fully Open Access" (not even as green as Stevan is 
> asking for). 
> 
> The point is that these rules are made by people who don't care about 
> scholarly publishing. The sooner we admit we are dealing with an industry 
> every bit as lovable as bankers the sooner we'll put in place *our* rules and 
> not theirs.
> 
> 
> 
> 
>  
> The distinction between an institutional website and an institutional
> repository is bogus.
> 
> Of course it is. Unless you are trying to appear helpful and trying not to be.
>  
> The distinction between nonmandatory posting (allowed) and mandatory
> posting (not allowed) is arbitrary nonsense. ("You retain the right to
> post if you wish but not if you must!")
> 
> Of course it is. It takes a highly paid marketeer to dream that up. 
> 
> The "systematic" criterion is also nonsense. (Systematic posting would
> be the institutional posting of all the articles in the journal; but
> any single institution only contributes a tiny, arbitrary fraction of
> the articles in any journal, just as any single author does; so the
> mandating institution would not be a 3rd-party "free-rider" on the
> journal's content: its researchers would simply be making their own
> articles OA, by posting them on their institutional website, exactly
> as described.)
> 
> This "systematic" clause is hence pure FUD, designed to scare or bully
> or confuse institutions into not mandating posting, and authors into
> not complying with their institutional mandates. (There are also
> rumours that in confidential licensing negotiations with institutions,
> Elsevier has been trying to link bigger and better pricing deals to
> the institution's agreeing not to adopt a Green OA mandate.)
> 
> That's why I raised it a few days ago. We are dealing with people many of 
> whose staff have probably never seen a scholarly pub. 
>  
> Along with the majority of publishers today, Elsevier is a Green
> publisher: It has endorsed immediate (unembargoed) institutional Green
> OA posting by its authors ever since 27 May 2004:
> http://users.ecs.soton.ac.uk/harnad/Hypermail/Amsci/3771.html
> 
> But that is no a legally binding contract and that's the problem.
>  
> Elsevier's public image is so bad today that rescinding its Green
> light to self-archive after almost a decade of mounting demand for OA
> is hardly a very attractive or viable option:
> http://cdn.anonfiles.com/1334923359479.pdf
> http://www.eprints.org/openaccess/self-faq/#32.Poisoned
> 
> And double-talk, smoke-screens and FUD are even less attractive:
> http://openaccess.eprints.org/index.php?/archives/822-.html
> 
> It will be very helpful in helping researchers to provide -- and their
> institutions and funders to mandate -- Open Access if Elsevier drops
> its "you may if you wish but not if you must" clause, which is not
> only incoherent, but intimidates authors. (This would also help
> counteract some of the rather bad press Elsevier has been getting
> lately...)
> 
> I actually suspect that no-one reading this list has any power to change 
> Elsevier policy - it's set at boardroom level by people who could be selling 
> soap. 
> 
> 
> 
> 
> -- 
> Peter Murray-Rust
> Reader in Molecular Informatics
> Unilever Centre, Dep. Of Chemistry
> University of Cambridge
> CB2 1EW, UK
> +44-1223-763069
> _______________________________________________
> GOAL mailing list
> [email protected]
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