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



    [ Part 2: "Attached Text" ]

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