I do feel that this is rather like complaining that the CC-BY license doesn't make toast, and nor does it act as a particularly effective floor-polish. Yes, ensuring digital permanence and long term open access depends on many things - licensing is only one of those things. Archiving is another. But as a licenses go, CC-BY has proven to be a hugely effective enabler of OA and digital permanence, and I think is pretty much as effective as any license can be in that regard.
Matt -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of Heather Morrison Sent: Wednesday, August 22, 2012 5:28 PM To: Global Open Access List (Successor of AmSci) Subject: [GOAL] Re: CC-BY and - or versus - open access 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 > > > > _______________________________________________ > GOAL mailing list > [email protected] > http://mailman.ecs.soton.ac.uk/mailman/listinfo/goal _______________________________________________ GOAL mailing list [email protected] http://mailman.ecs.soton.ac.uk/mailman/listinfo/goal _______________________________________________ GOAL mailing list [email protected] http://mailman.ecs.soton.ac.uk/mailman/listinfo/goal
