Hi to all,

Before all, maybe I did not properly understand what is the topic. If yes, 
please tell me sincerely.


I understood the topic was on  whether there was or not a risk of closure 
brought by a CC-by license, or any orher mean by which a scientific publication 
may be freely accessible to every usage, including "commercial use". 

Did I understand properly?




If yes, in order that I can figure out the consequences of this or that, please 
could somebody remind me what is exactly under the terms "commercial use" when 
written in the context of the CC license or other debates on free access to 
scientific publications/contributions?


In other words:


-which precise object(s)  is (are) under the license?


- which  exact objects are susceptible to be sold?



- which objects are authorized (CC-by) or forbidden (other) to be sold against 
money, when one speaks of "commercial use"?



- and how does this generate or not a risk of closure, if the paper is in free 
public access (either in an open repository, or on the author website, or on 
both, or on the publisher website, or... or on  all of thoses altogether)?


Many thanks in advance


Didier

Envoyé de mon iPhone

> Le 8 avr. 2015 à 15:59, Jacinto Dávila <jacinto.dav...@gmail.com> a écrit :
> 
> Before we get trapped into the technical details, I think we must welcome the 
> spirit of Jeroen's wisth list and of Heather's challenge. Thank you so much. 
> 
> CC-BY does have that kind of potential problem. The free software community 
> saw that coming and invented copyleft. CC-BY-SA sort that out, I think. 
> 
>> On 8 April 2015 at 09:06, Peter Murray-Rust <pm...@cam.ac.uk> wrote:
>> 
>> 
>>> On Wed, Apr 8, 2015 at 2:04 PM, David Prosser <david.pros...@rluk.ac.uk> 
>>> wrote:
>>> > Jeroen - CC-BY license
>>> >
>>> > Heather - NO!!! the CC-BY license is a major strategic error of the open 
>>> > access movement. Allowing downstream commercial use to anyone opens up 
>>> > the possibility of re-enclosure.  ...
>>> 
>>> I continue to be unable to grasp Heather’s argument.  If, for whatever 
>>> reason, I purchase from you a CC-BY article I can, as it is CC-BY, make the 
>>> article freely available.  I don’t see how CC-BY allows for re-enclosure 
>>> when it contains within itself the ultimate enclosure-busting feature of 
>>> allowing unlimited distribution provided there is attribution.
>>> 
>>> David
>>  
>> I completely agree with David. If HeatherM can show us that total enclosure 
>> has ever actually occurred we need to know. The conditions are almost 
>> inconceivable:
>> * a commercial company encloses the *published* CC-BY article. It strips off 
>> the licence (thereby breaking the contract).
>> * the world destroys or loses ALL other copies of the manuscript. It then 
>> forgets that this manuscript ever existed as CC-BY.
>> 
>> Only then does the illegally enclosed object represent monopoly control. 
>> 
>> In the normal case there are always copies of the un-enclosed article 
>> available for free use, re-use, modification and redistribution
>> 
>> P.
>> 
>> [Far more serious is the following scenario which happens frequently enough 
>> to be really serious. A traditional toll-access publisher accepts payment 
>> from an author/funder for CC-BY licensing. It then publishes the manuscript 
>> without CC-BY and under a more (often completely) restrictive licence. Only 
>> the author/funder knows that the m/s should be CC-BY. Unless they publish 
>> this information (as Wellcome Trust and some libraries did last year) the 
>> m/s will remain closed and will continue to be resold. And early copies , 
>> before the discovery, will probably still circulate with "All rights 
>> reserved". ]
>> 
>> 
>> -- 
>> Peter Murray-Rust
>> Reader in Molecular Informatics
>> Unilever Centre, Dep. Of Chemistry
>> University of Cambridge
>> CB2 1EW, UK
>> +44-1223-763069
>> 
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> 
> 
> 
> -- 
> Jacinto Dávila
> http://webdelprofesor.ula.ve/ingenieria/jacinto
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