Begin forwarded message:

> From: "Andras Holl" <[email protected]>
> Subject: [BOAI] Re: On the proposal to raise the Green OA goalpost from 
> Gratis to CC-BY
> Date: 11 October, 2012 7:42:05 AM EDT
> To: [email protected]
> Reply-To: [email protected]
> 
> Hi David, 
> 
> I have argued against including CC BY requirement for the Seal, without 
> success. 
> I am not sure everyone using CC BY understands what is it about, and 
> whether it is really what they want - apparently not. As Stevan just 
> commented, 
> it is about re-use, not access. As I have commented, thoughts, numbers, 
> assertions etc. in scientific articles can be reused without CC, and the 
> articles 
> themselves are not things one would want to reuse. (Reuse for an article 
> could be re-publishing. In the past re-publishing was important for paper 
> articles, but now? Access solves everything. Other re-use scenario could 
> be distributing copies for a class of students. Again - if it is accessible, 
> why hand out copies? But I think even such distribution is possible without 
> CC by fair use.) 
> Data mining possibilities are important, but CC BY is not about data mining. 
> Figures in the articles, on the other hand, could be put nder CC BY! 
> 
> The argument that many people publishes in journals with the seal, therefore 
> CC BY is good, is not very convincing...  I have not done a survey within the 
> author 
> community of the journal I run, neither in the community of users of my 
> repositories, 
> but I have the strong feeling that many of them does not know or care much 
> about OA. 
> They publish in a journal, because it is perceived as a "good journal", and 
> they do 
> not care about the details how the OA contributes to the impact. They deposit 
> articles 
> to the repository because they are mandated to do so. Some of them has 
> difficulties 
> choosing the access and copyright models in EPrints, and acknowledge that 
> they have 
> selected those more or less randomly. Why should scientists understand CC BY 
> if 
> we do not understand it? 
> 
> Andras Holl 
> 
> On Thu, 11 Oct 2012 10:38:19 +0100, David Prosser wrote 
> > The SPARC Europe Seal for Open Access Journals (Tom rather mangels the 
> > name) is still going: 
> > 
> > http://www.doaj.org/doaj?func=loadTempl&templ=faq&uiLanguage=en#seal 
> > 
> > Journals that match the standards of the Seal are labelled as such in the 
> > DOAJ - there are currently just under 1000 journals with the Seal. 
> > 
> > The thousands of authors who have published CC-BY articles don't appear to 
> > share Tom's view that liberal rights assignments are nonsense 
> > 
> > David 
> > 
> > On 10 Oct 2012, at 17:57, Prof. T.D. Wilson wrote: 
>> Steven Harnad is certainly right on this issue, but the cause of it is the 
>> altogether impracticable definition of "open access" by the BOAI - the 
>> notion that authors should give up, effectively, ALL commercial rights to 
>> their work, allowing use "for any  other lawful purpose, without financial, 
>> legal, or technical barriers other than those inseparable from gaining 
>> access to the internet itself", leaving only "control over the integrity of 
>> their work and the right to be properly acknowledged and cited".  We have a 
>> situation in which authors are asked to abandon their rights to the 
>> publisher, and now they are being asked to abandon them to anyone at all.  
>> It was this nonsense that led open access publishers, including those who do 
>> not levy author charges, to protest the idea that this definition should 
>> form the basis for some kind of SPARC award for OA journals - the opposition 
>> was such that, as far as I'm aware, we have never heard anything more about 
>> the award. 
>> > 
>> > On 10 October 2012 14:49, Stevan Harnad <[email protected]> wrote: 
>> >
>> 
>> > ** Cross-Posted ** 
>> > 
>> > This is a response to a proposal (by some individuals in the researcher 
>> > community) to raise the goalposts of Green OA self-archiving and Green OA 
>> > mandates from where they are now (free online access) to CC-BY (free 
>> > online access plus unlimited re-use and re-publication rights): 
>> > 
>> > 1. The goal-posts for Green OA self-archiving and Green OA mandates should 
>> > on no account be raised to CC-BY (free online access PLUS unlimited re-use 
>> > and re-publication rights). That would be an absolute disaster for Green 
>> > OA growth, Green OA mandate growth, and hence global OA growth (and hence 
>> > another triumph for the publisher lobby and double-paid hybrid-Gold 
>> > CC-BY).  
>> > 
>> > 2. The fundamental practical reason why global Green Gratis OA (free 
>> > online access) is readily reachable is precisely because it requires only 
>> > free online access and not more. 
>> > 
>> > 3. That is also why 60% of journals endorse immediate, un-embargoed Green 
>> > OA today. 
>> > 
>> > 4. That is also why repositories' Almost-OA Button can tide over user 
>> > needs during any embargo for the remaining 40% of journals. 
>> > 
>> > 5. "Upgrading" Green OA and Green OA mandates to requiring CC-BY would 
>> > mean that most journals would immediately adopt Green OA embargoes, and 
>> > their length would be years, not months. 
>> > 
>> > 6. It would also mean that emailing (or mailing) eprints would become 
>> > legally actionable, if the eprint was tagged and treated as CC-BY, thereby 
>> > doing in a half-century's worth of established scholarly practice. 
>> > 
>> > 7. And all because impatient ideology got the better of patient pragmatics 
>> > and realism, a few fields' urgent need for CC-BY was put ahead of all 
>> > fields' urgent need for free online access -- and another publisher lobby 
>> > victory was scored for double-paid hybrid Gold-CC-BY (hence simply 
>> > prolonging the worldwide status quo of mostly subscription publishing and 
>> > little OA). 
>> > 
>> > 8. The reason for all this is also absolutely transparent to anyone who is 
>> > not in the grip of an ideology, a single-minded impatience for CC-BY, or a 
>> > conflict of interest: If Green OA self-archiving meant CC-BY then any 
>> > rival publisher would immediately be licensed to free-ride on any 
>> > subscription journal's content, offering it at cut-rate price in any form, 
>> > thereby undercutting all chances of the original publisher recouping his 
>> > costs: Hence for all journal publishers that would amount to either ruin 
>> > or a forced immediate conversion to Gold CC-BY...  
>> > 
>> > 9. ...If publishers allowed Green CC-BY self-archiving by authors, and 
>> > Green CC-BY mandates by their institutions, without legal action. 
>> > 
>> > 10. But of course publishers would not allow the assertion of CC-BY by its 
>> > authors without legal action (and it is the fear of legal action that 
>> > motivates the quest for CC-BY!):  
>> > 
>> > 11. And the very real threat of legal action facing Green CC-BY 
>> > self-archiving by authors and Green CC-BY mandates by institutions (unlike 
>> > the bogus threat of legal action against Gratis Green self-archiving and 
>> > Gratis Green mandates) would of course put an end to authors' providing 
>> > Green OA and institutions' mandating Green OA. 
>> > 
>> > 12. In theory, funders, unlike institutions, can mandate whatever they 
>> > like, since they are paying for the research: But if a funder Gold OA 
>> > mandate like Finch/RCUK's -- that denies fundees the right to publish in 
>> > any journal that does not offer either Gold CC-BY or Gratis-Green with at 
>> > most a 6-12 month embargo, and that only allows authors to pick Green if 
>> > the journal does not offer Gold -- is already doomed to author resentment, 
>> > resistance and non-compliance, then adding the constraint that any Green 
>> > must be CC-BY would be to court outright researcher rebellion. 
>> > 
>> > In short, the pre-emptive insistence upon CC-BY OA, if recklessly and 
>> > irrationally heeded, would bring the (already slow) progress toward OA, 
>> > and the promise of progress, to a grinding halt. 
>> > 
>> > Finch/RCUK's bias toward paid Gold over cost-free Green was clearly a 
>> > result of self-interested publisher lobbying. But if it were compounded by 
>> > a premature and counterproductive insistence on CC-BY for all by a small 
>> > segment of the researcher community, then the prospects of OA (both Gratis 
>> > and CC-BY), so fertile if we at last take the realistic, pragmatic course 
>> > of mandating Gratis Green OA globally first, would become as fallow as 
>> > they have been for the past two decades, for decades to come. 
>> > 
>> > Some quote/comments follow below: 
>> > 
>> >
>> 
>> >
>> 
>> > Jan Velterop: We've always heard, from Stevan Harnad, that the author was 
>> > the one who intrinsically had copyright on the manuscript version, so 
>> > could deposit it, as an open access article, in an open repository 
>> > irrespective of the publisher's views.
>> 
>> > 
>> > I said -- because it's true, and two decades' objective evidence shows it 
>> > -- that authors can deposit the refereed, final draft with no realistic 
>> > threat of copyright action from the publisher. 
>> >  
>> 
>> >
>> 
>> > JV: If that is correct, then the author could also attach a CC-BY licence 
>> > to the manuscript version.
>> 
>> > 
>> > Nothing of the sort. Author self-archiving to provide free online access 
>> > (Gratis Green OA) is one thing -- claiming and dispensing re-use and 
>> > republication rights (CC-BY) is quite another. 
>> > 
>> >
>> 
>> >
>> 
>> > JV: If it is incorrect, the author can't deposit the manuscript with open 
>> > access without the explicit permission of the publisher of his final, 
>> > published version, and the argument advanced for more than a decade by 
>> > Stevan Harnad is invalid.
>> 
>> > 
>> > Incorrect. Authors can make their refereed final drafts free for all 
>> > online without the prospect of legal action from the publisher, but not 
>> > with a CC-BY license to re-use and re-publish. 
>> > 
>> > Moreover, for authors who elect to comply with publisher embargoes on 
>> > Green Gratis OA, there is the option of depositing in Closed Access and 
>> > relying on the Almost-OA Button to provide eprint-requesters with 
>> > individual eprints during the embargo. This likewise does not come with 
>> > CC-BY rights. 
>> > 
>> >
>> 
>> >
>> 
>> > JV: Which is it? I think Stevan was right, and a manuscript can be 
>> > deposited with open access whether or not the publisher likes it. Whence 
>> > his U-turn, I don't know.
>> 
>> > 
>> > No U-turn whatsoever. Just never the slightest implication from me that 
>> > anything more than free online access was intended. 
>> >  
>> 
>> >
>> 
>> > JV: But if he was right at first, and I believe that's the case, that also 
>> > means that it can be covered by a CC-BY licence. Repositories can't attach 
>> > the licence, but 'gold' OA publishers can't either. It's always the 
>> > author, as copyright holder by default. All repositories and OA publishers 
>> > can do is require it as a condition of acceptance (to be included in the 
>> > repository or to be published). What the publisher can do if he doesn't 
>> > like the author making available the manuscript with open access, is apply 
>> > the Ingelfinger rule or simply refuse to publish the article.
>> 
>> > 
>> > The above is extremely unrealistic and counterproductive policy advice to 
>> > institutions and funders. 
>> > 
>> > If an OA mandate is gratuitously upgraded to CC-BY it just means that most 
>> > authors will be unable to get their papers published in their journal of 
>> > choice if they comply with the mandate. So authors will not comply with 
>> > the mandate, and the mandate will fail. 
>> > 
>> >
>> Peter Murray-Rust: If we can establish the idea of Green-CC-BY as the norm 
>> for deposition in repositories then I would embrace it enthusiastically. I 
>> can see no downside other than that some publishers will fight it. But they 
>> fight anyway 
>> 
>> > 
>> > The downside is that authors won't fight, and hence OA itself will lose 
>> > the global Gratis Green OA that is fully within its reach, and stay in the 
>> > non-OA limbo (neither Gratis nor CC-BY, neither Green nor Gold) in which 
>> > most research still is today -- and has been for two decades. 
>> > 
>> > And the irony is that -- speaking practically rather than ideologically -- 
>> > the fastest and surest prospect for both CC-BY and Gold is to first 
>> > quickly reach global Gratis Green OA. Needlessly over-reaching can 
>> > undermine all of OA's objectives. 
>> > 
>> >
>> PMR: It would resolve all the apparent problems of the Finch reoprt etc. It 
>> is only because Green licences are undefined that we have this problem at 
>> all. 
>> >
>> 
>> > 
>> > On the contrary: raising the Gratis Green 6-12 goalposts to immediate 
>> > Green CC-BY would make the Finch/RCUK a pure hybrid-Gold mandate and 
>> > nothing else. And its failure would be a resounding one. 
>> > 
>> >
>> PMR: And if we all agreed it could be launched for Open Access Week
>> 
>> > 
>> > That would certainly be a prominent historic epitaph for OA. I hope, on 
>> > the contrary, that pragmatic voices will be raised during OA week, so that 
>> > we can get on with reaching for the reachable instead of gratuitously 
>> > raising the goalposts to unrealistic heights. 
>> > 
>> > Stevan Harnad 
>> > 
>> > -- 
>> > To unsubscribe from the BOAI Forum, use the form on this page: 
>> > http://www.soros.org/openaccess/forum.shtml?f 
>> > 
>> >
>> 
>> > 
>> 
>> > 
>> > -- 
>> > 
>> > ----------------------------------------------------------------------------Professor
>> >  T.D. Wilson, PhD, PhD (h.c.) 
>> > Publisher and Editor in Chief: Information Research 
>> > http://informationr.net/ir/ 
>> > E-mail: [email protected] 
>> > -----------------------------------------------------------------------------
>> >  
>> > 
>> > <ATT00001..txt>
> 
> 
> 
> --------------------------------------------------------------------------------
>  
> Andras Holl / Holl Andras                 e-mail: [email protected] 
> Konkoly Observatory / MTA CsFK CsI       Tel.: +36 1 3919368 Fax: +36 1 
> 2754668 
> IT manager / Szamitastechn. rendszervez. Mail: H1525 POBox 67, Budapest, 
> Hungary 
> --------------------------------------------------------------------------------
>  
> 
> 
> --      
> To unsubscribe from the BOAI Forum, use the form on this page:
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