Thanks, Marc and Jan.

I'd like to repeat this for emphasis, from the CC-BY legal code thanks to Marc: 
"Licensor reserves the right to release the Work under different license terms 
or to stop distributing the Work at any time".

Comment: a publisher can publish a work as CC-BY (which does not require open 
access), then change license terms or simply stop redistributing the work at 
any time. If someone has a copy of the work while distributed as CC-BY, then 
they can make this open access. However, this only works if someone does have a 
copy and the means and will to redistribute for open access. This is why a 
CC-BY licensed article disseminated via one (or preferably more) open access 
archives is a much more secure situation for open access than publishing CC-BY.

best,

Heather Morrison

On 2012-08-22, at 8:47 AM, Couture Marc wrote:

> Jan Velterop wrote:
> 
>> 
>> a (c) licence can only ever be changed from less open/less liberal to 
>> more open/more liberal; otherwise the user/reader can always claim to 
>> have read/used/distributed under the previous licence or not being 
>> aware of the new licence.
>> 
> 
> I completely agree. And the user would not even have to claim ignorance of a 
> new licence. As I pointed out before, CC licences' legal code states that 
> they are "perpetual (for the duration of the applicable copyright)", and that 
> should the copyright holder change the licence terms at some time, the 
> original licence would remain in force:
> 
> "[...] Licensor reserves the right to release the Work under different 
> license terms or to stop distributing the Work at any time; provided, however 
> that any such election will not serve to withdraw this License (or any other 
> license that has been, or is required to be, granted under the terms of this 
> License), and this License will continue in full force and effect unless 
> terminated as stated above [i.e. in case of a breach of the terms of the 
> licence by the user (section 7a)]."
> 
> (CC Attribution 3.0 Unported legal code, 
> http://creativecommons.org/licenses/by/3.0/legalcode, section 7b).
> 
> Marc Couture
> 
> 
> 
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