Unlike Peter, I regard this as a typical example of what one does _not_  want 
from a government mandate.

There is only one positive thing to be said for this, which is that it is 
better than user-paid ("toll") access.



The proposal is for
"access to authors' final manuscripts (as accepted for
    journal publication) and supplemental materials via PubMed Central
    six months after publication"

This is the weakest form of OA that I have ever seen proposed.  (I am open to 
correction by anyone who remembers worse--I cannot.) First, it accepts as OA 
access to authors' manuscripts together with supplemental material--by which I 
presume they mean corrections lists. Many are willing to consider this as OA ,  
but they generally say that while this might be acceptable it  is not very 
good. ("Pale green" is I think the preferred term.) It is inferior to authors 
manuscripts corrected by the author, which is in turn inferior to 
author-produced pdf copies from the publishers' print,  which is in turn 
inferior to posting the pdf from the publisher.

Second, it accepts posting of even this weakest form, six months after 
publication. Some definitions of OA accept delayed OA. Those publishers which 
do offer delayed OA, offer delayed OA to the article as published, from the 
publisher's or supplier's site. If any publisher offers as little as this, I 
have yet to encounter it.

Third, it provides that the author might use government-provided publication 
funds for the publishing of material posted under the weakest form of OA. Those 
in favor of government mandates generally ask that it provides access to the 
authentic text.



This is a discussion of strategy, which involves the path to future progress; 
reasonable people might well differ here. Peter, and undoubtedly others, 
including Chuck Hamaker on liblicense, apparently think that requiring even 
this little is a positive step that will lead to future progress. I think that 
it is not productive to accept such a small increment, and that is may greatly 
delay substantial progress--that the government may now consider the problem 
solved permanently.



I suggest this analogy: it is like prescription drug assistance for the 
elderly. An absurdly weak bill was proposed, and some organizations like the 
AARP supported it. Others felt, as I did, that to accept this was to run the 
risk of never getting more. Analogies are not strong arguments, but here the 
parallelism is obvious.

I thus propose the following hypothesis:  The publishers will not strongly 
oppose the bill. They will after perhaps minimal objections, be glad it is no 
worse, and realize that it might hold off real reform a few years longer.



I do not intend to oppose the measure outside our community. I might be wrong. 
I do not think it useful to argue whether or not I am, and so do not intend to 
reply further:  this will very soon be settled by event. If I am wrong it will 
be evident first by the publishers' opposition and then by  the bill's eventual 
success in leading to better, and I will so admit. Alternatively, if I am 
right, perhaps the parallel will hold further, and the outrage over getting so 
little will result in better measures.  Those who intend to actively support 
the bill should first consider whether the effect may be the opposite of what 
we all desire. Peter and Stevan and Chuck and  I should not forget that we all 
want to get to the same place.



David



Dr. David Goodman
Associate Professor
Palmer Library School, LIU
[email protected]

 and, formerly,
Princeton University Library



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