An argument that I see as important but missing: is CC-BY even an appropriate 
goal for open access at all? This is a separate question from whether it should 
be a short or long-term priority.

I argue that CC-BY is NOT an appropriate goal for open access. There are many 
reasons for this argument, too many for one post, so I'll start off by 
challenging the assumption that CC-BY is what is needed for data and text 
mining. 

1.      CC-BY is not necessary for data and text-mining. Internet search 
engines such as google and social media companies do extensive data and text 
mining, and they do not limit themselves to CC-BY material. This is true even 
in the EU, so is not prevented by the EU's support for copyright of data. To 
illustrate: if data and text-mining is not permissible without CC-BY, then 
Google must shut down, immediately.

2.  CC-BY is not sufficient for data and text-mining. The Creative Commons 
licenses are designed as a means for creators to waive rights that they would 
otherwise have under copyright; they do not place any obligations on the 
Licensor. There is nothing to stop a creator from using a CC-BY license with a 
locked-down PDF with extra DRM designed to prevent data and text-mining.

One of the reasons that it is important to begin giving such questions greater 
attention and analysis is funders' policies requiring CC-BY. If authors and 
their publishers adopt CC-BY through coercion rather than choice, the actual 
practice may differ considerably from earlier open access initiatives involving 
voluntary use of this license.

This argument leaves aside the question of whether allowing for ubiquitous data 
and text-mining is actually beneficial for scholarship. My perspective is that 
this is unknown, and it is premature to prescribe data and text-mining for all 
scholarly works until after a fuller exploration of this question. As one 
counter-example, consider that allowing data-mining and remix of health 
information can compromise privacy. 

This is one of the topics that I begin to address in my draft dissertation, 
Freedom for Scholarship in the Internet Age. The defence draft is available for 
download from here:
http://pages.cmns.sfu.ca/heather-morrison/2012/10/04/dissertation-defence-draft/

See chapter 4 on open access and chapter 8, conclusions. These arguments are 
not meant to be exhaustive, but rather an illustration of the potential of the 
societal trend that I call irrational rationality to actually make things worse 
for scholars and scholarly communication in the transition to open access. 

best,

Heather G. Morrison
Open Access Advocate / Opponent of CC-BY Coercion
http://pages.cmns.sfu.ca/heather-morrison/
The Imaginary Journal of Poetic Economics
http://poeticeconomics.blogspot.com


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