I am getting a bit irritated reading about "parasitic" and especially about 
"predatory" solely in the context of OA, as if the shortcoming of the 
scientific publication system and of the peer-review process were exclusively 
encountered in OA (Gold) journals.

Remember the work of Cyril and Dominique Labbé

http://www.nature.com/news/publishers-withdraw-more-than-120-gibberish-papers-1.14763

*  Cyril Labbé, Dominique Labbé. "Duplicate and fake publications in the 
scientific literature: how many SCIgen papers in computer science?" 
Scientometrics 94, no. 1 (2013): 379-396 (online June 2012 - 
http://hal.archives-ouvertes.fr/docs/00/71/35/55/PDF/0-FakeDetectionSci-Perso.pdf
 )

If it's fine to use the term "predatory" for OA journals and their publishers, 
then we should also mention that the IEEE maybe a predatory publisher.

Jeffrey: Perhaps that should be your first publisher, together with Springer 
which also published SciGen papers, for a new list "Potential, possible, or 
probable predatory scholarly subscription-access publishers".



Éric Archambault



From: [email protected] [mailto:[email protected]] On Behalf Of 
Jean-Claude Guédon
Sent: May-26-15 4:50 PM
To: [email protected]
Subject: [GOAL] Re: Elsevier: Trying to squeeze the virtual genie back into the 
physical bottle

Like Stevan, I would not characterize the green road as "parasitic"; or, if I 
were, I would do so only in the sense that when some mushrooms parasite other 
mushrooms, they make them much more comestible...

Green and Gold are a bit like the two fists of a boxer: you parry with one and 
hit with the other, and either fist is just as good to fulfil either task.

Stevan has always been clear about the fact that what he demands first is not 
the ultimate objective, but only a necessary first step. No one wants to stop 
efforts at the level of gratis OA, but getting at least gratis OA is a valuable 
first step.

CC-BY-NC-ND is indeed terribly restrictive, but, again, it is better than 
nothing.

APC-Gold is better than nothing, but it too has downsides: it opens the door to 
predatory journals; it certainly stimulated the thinking behind a truly 
terrible system - namely the hybrid journals -, and, like subscription 
journals, it discriminates against poorer institutions and/or countries (and 
exceptions made for poorer countries are not entirely satisfactory either).

Subsidized mega-journals would be the best system because:

1. Being subsidized, they would offer gratis access to authors and libre access 
to users. They could choose a CC-by licence.

2. Being subsidized, they would remind all of us that the publishing phase of 
research is an integral part of research (which is subsidized, and would not be 
"sustainable" without subsidies), and they would move the financing of 
publishing research with the financing of research;

3. Because they are mega-journals, they would decouple quality from editorial 
orientations: issues of marginal, peripheral, curiosity-driven, interests would 
be treated on an equal footing with "hot" issues, whatever the source of 
"heat". We might have had better and earlier answers to Ebola with such a 
system, just to use this example;

4. Repositories could be transformed into mega-journals by accepting papers 
that go nowhere else and by organizing peer review. By reducing acquisition 
budgets by so much percent per year, libraries could find resources to support 
the organization of peer review over their collections of unrefereed 
submissions;

5. Repositories could go for papers of good scientific quality that lead to 
negative results. Such papers are precious, yet are presently being lost;

6. Repositories could guarantee the free (and libre) capability of linking data 
sets to papers, as well as data and text mining of any kind;

7. Ultimately, the evaluation of research would come primarily from these 
networks of repositories acting as mega-journals, and would be based on a set 
of criteria that would totally by-pass the impact factor.

8. With decreasing revenues from libraries, and a loosening grip on the 
criteria of quality control, the large commercial corporations would have to 
shape up, or shape out.

The devil, as usual, is in the details, but here is a workable scenario that 
starts from two bases - green OA plus gratis-libre-Gold. It builds on Stevan's 
vision, and it also builds on the visions inherent on platforms such as Redalyc 
and Scielo. It retains many lessons from PLoS ONE.

Finally, this perspective also integrates the rising data issue, the linkages 
between research papers and data, and the issues related to both data and text 
mining. It focuses on the needed first steps, but it also provides a roadmap 
for the healthy development of a scientific communication system that would 
work on a world scale and be inclusive and poly-centric rather than hierarchic 
and oligarchic.




Jean-Claude Guédon

Professeur titulaire

Littérature comparée

Université de Montréal

Le mardi 26 mai 2015 à 12:03 -0400, Stevan Harnad a écrit :
Mike,


I will respond more fully on your blog: http://www.michaeleisen.org/blog/?p=1710


To reply briefly here:


1. The publisher back-pedalling and OA embargoes were anticipated. That's why 
the copy-request Button <https://wiki.duraspace.org/display/DSPACE/RequestCopy> 
was already created to provide access during any embargo, nearly 10 years ago, 
long before Elsevier and Springer began back-pedalling.


2. Immediate-deposit mandates plus the Button, once adopted universally, will 
lead unstoppably to 100% OA, and almost as quickly as if there were no 
publisher OA embargoes.


3. For a "way forward," it is not enough to "look past the present to the 
future": one must provide a demonstrably viable transition scenario to get us 
there from here.


4. Green OA, mandated by institutions and funders, is a demonstrably viable 
transition scenario.


5. Offering paid-Gold OA journals as an alternative and waiting for all authors 
to switch is not a viable transition sceario, for the reasons I described again 
yesterday in response to Éric 
Archambault<http://mailman.ecs.soton.ac.uk/pipermail/goal/2015-May/003366.html>:
 multiple journals, multiple subscribing institutions, ongoing access needs, no 
coherent "flip" strategy, hence double-payment (i.e., subscription fees for 
incoming institutional access to external institutional output plus Gold 
publication fees for providing OA to outgoing institutional published output) 
when funds are already stretched to the limit by subscriptions that are 
uncancellable - until and unless made accessible by another means.


6. That other means is 4, above. The resulting transition scenario has been 
described many times, starting in 
2001<http://www.nature.com/nature/debates/e-access/Articles/harnad.html#B1>, 
with updates in 2007<http://eprints.ecs.soton.ac.uk/13309/>, 
2010<http://www.dlib.org/dlib/july10/harnad/07harnad.html>,  
2013<http://eprints.soton.ac.uk/353991/>,  
2014<http://blogs.lse.ac.uk/impactofsocialsciences/2014/04/28/inflated-subscriptions-unsustainable-harnad/>,
 and 2015<http://eprints.soton.ac.uk/361704/>, keeping pace with ongoing 
mandate and embargo developments.


7. An article that is freely accessible to all online under CC-BY-NC-ND is most 
definitely OA - Gratis 
OA<http://legacy.earlham.edu/~peters/fos/2008/08/greengold-oa-and-gratislibre-oa.html>,
 to be exact.


8. For the reasons I have likewise described many times before, the transition 
scenario is to mandate Gratis Green OA (together with the Button, for emabrgoed 
deposits) universally. That universal Green Gratis OA will in turn make 
subscriptions cancellable, hence unsustainable, which will in turn force to 
downsize to affordable, sustainable Fair-Gold Libre OA (CC-BY)


9. It is a bit disappointing to hear an OA advocate characterize Green OA as 
parasitic on publishers, when OA's fundamental rationale has been that 
publishers are parasitic on researchers and referees' work as well as its 
public funding. But perhaps when the OA advocate is a publisher, the motivation 
changes...


Stevan


On Tue, May 26, 2015 at 1:08 AM, Michael Eisen 
<[email protected]<mailto:[email protected]>> wrote:
Stevan-

I hate to say I told you so, but .... at the Budapest meeting years ago it was 
pointed out repeatedly that once green OA actually became a threat to 
publishers, they would no longer look so kindly on it. It took a while, but the 
inevitable has now happened. Green OA that relied on publishers to peer review 
papers + subscriptions to pay for them, but somehow also allowed them to be 
made freely available, was never sustainable. If you want OA you have to either 
fund publishers by some other means (subsidies, APCs) or wean yourself from 
that which they provide (journal branding). Parasitism only works so long as it 
is not too painful to the host. It's a testament to a lot of hard work from 
green OA advocates that it has become a threat to Elsevier. But the way forward 
is not to get them to reverse course, but to look past them to a future that is 
free of subscription journals.

Also, I don't view CC-BY-NC-ND as a victory as the NC part is there to make 
sure that no commercial entity - including, somewhat ironically, PLOS - can use 
the articles to actually do anything. So this license makes these articles 
definitively non open access.

-Mike

On Mon, May 25, 2015 at 11:23 AM, Stevan Harnad 
<[email protected]<mailto:[email protected]>> wrote:
Alicia Wise 
wrote<http://www.elsevier.com/connect/coar-recting-the-record#comment-2037996108>:



Dear Stevan,



I admire your vision and passion for green open access - in fact we all do here 
at Elsevier - and for your tenacity as your definitions and concepts of green 
open access have remain unchanged for more than 15 years. We also recognize 
that the open access landscape has changed dramatically over the last few 
years, for example with the emergence of Social Collaboration Networks. This 
refresh of our policy, the first since 2004, reflects what we are hearing from 
researchers and research institutions about how we can support their changing 
needs. We look forward to continuing input from and collaboration with the 
research community, and will continue to review and refine our policy.



Let me state clearly that we support both green and gold OA. Embargo periods 
have been used by us - and other publishers - for a very long time and are not 
new. The only thing that's changed about IRs is our old policy said you had to 
have an agreement which included embargos, and the new policy is you don't need 
to do an agreement provided you and your authors comply with the embargo period 
policy. It might be most constructive for people to just judge us based on 
reading through the policy and considering what we have said and are saying.



With kind wishes and good night,

Alicia Wise, Elsevier





Dear Alicia,



You wrote:



"This refresh of our policy [is| the first since 2004... Embargo periods have 
been used by us... for a very long time and are not new. The only thing that's 
changed about IRs is our old policy said you had to have an agreement which 
included embargos..."



Is this the old policy that hasn't changed changed since 2004 (when Elsevier 
was still on the "side of the angels<http://j.mp/OAngelS>" insofar as Green OA 
was concerned) until the "refresh"? (I don't see any mention of embargoes in 
it...):



Date: Thu, 27 May 2004 03:09:39 +0100

From: "Hunter, Karen (ELS-US)"

To: "'harnad_at_ecs.soton.ac.uk<http://harnad_at_ecs.soton.ac.uk>'"

Cc: "Karssen, Zeger (ELS)" , "Bolman, Pieter (ELS)" , "Seeley, Mark (ELS)"

Subject: Re: Elsevier journal list



Stevan,



[H]ere is what we have decided on post-"prints" (i.e. published articles, 
whether published electronically or in print):



An author may post his version of the final paper on his personal web site and 
on his institution's web site (including its institutional respository). Each 
posting should include the article's citation and a link to the journal's home 
page (or the article's DOI). The author does not need our permission to do 
this, but any other posting (e.g. to a repository elsewhere) would require our 
permission. By "his version" we are referring to his Word or Tex file, not a 
PDF or HTML downloaded from ScienceDirect - but the author can update his 
version to reflect changes made during the refereeing and editing process. 
Elsevier will continue to be the single, definitive archive for the formal 
published version.



We will be gradually updating any public information on our policies (including 
our copyright forms and all information on our web site) to get it all 
consistent.



Karen Hunter

Senior Vice President, Strategy

Elsevier

+1-212-633-3787<tel:%2B1-212-633-3787>

k.hunter_at_elsevier.com<http://k.hunter_at_elsevier.com>



Yes, the definition of authors providing free, immediate online access (Green 
OA self-archiving) has not changed since the online medium first made it 
possible. Neither has researchers' need for it changed, nor its benefits to 
research.



What has changed is Elsevier policy -- in the direction of trying to embargo 
Green OA to ensure that it does not Elsevier's current revenue levels at any 
risk.



Elsevier did not try to embargo Green OA from 2004-2012 - but apparently only 
because they did not believe that authors would ever really bother to provide 
much Green OA, nor that their institutions and funders would ever bother to 
require them to provide it (for its benefits to research).



But for some reason Elsevier is not ready to admit that Elsevier has now 
decided to embargo Green OA purely to ensure that it does put Elsevier's 
current subscription revenue levels at any risk.



Instead, Elsevier wants to hold OA hostage to its current revenue levels -- by 
embargoing Green OA, with the payment of Fools-Gold 
OA<https://www.google.ca/search?num=20&q=site%3Ahttp%3A%2F%2Fopenaccess.eprints.org+%22fools+gold%22&oq=site%3Ahttp%3A%2F%2Fopenaccess.eprints.org+%22fools+gold%22&gs_l=serp.3...339136.344145.0.345749.12.12.0.0.0.0.217.856.11j0j1.12.0.ckpsrh...0...1.1.64.serp..12.0.0._lRkTp5SLmk>
 publication fees the only alternative for immediate OA. This ensures that 
Elsevier's current revenue levels either remain unchanged, or increase.



But, for public-relations reasons, Elsevier prefers to try to portray this as 
all being done out of "fairness," and to facilitate "sharing" (in the spirit of 
OA).



The "fairness" is to ensure that no institution is exempt from Elsevier's Green 
OA embargoes.



And the "sharing" is the social sharing services like 
Mendeley<http://www.elsevier.com/online-tools/mendeley> (which Elsevier owns), 
about which Elsevier now believes (for the time being) that authors would not 
bother to use enough to put their current revenue levels at risk (and their 
institutions and funders cannot mandate that they use them) -- hence that that 
they would not pose a risk to Elsevier's current subscription revenue levels.



Yet another one of the "changes" with which Elsevier seems to be trying to 
promote sharing seems to be by trying to find a way to outlaw the institutional 
repositories' "share 
button<http://www.elsevier.com/about/policies/hosting#non-commercial-platforms>"
 (otherwise known as the "Fair-Dealing" 
Button<http://eprints.ecs.soton.ac.uk/18511/>).



So just as Elsevier is trying to claim credit for "allowing" authors to do 
"dark" (i.e., embargoed, non-OA) deposits, for which no publisher permission 
whatsoever is or ever was required, Elsevier now has its lawyers scrambling to 
find a formalizable way to make it appear as if Elsevier can forbid its authors 
to provide individual reprints to one another, as authors have been doing for 
six decades, under yet another new bogus formal pretext to make it appear 
sufficiently confusing and threatening to ensure that the responses to Elsevier 
author surveys (for its "evidence-based policy") continue to be sufficiently 
perplexed and meek to justify any double-talk in either Elsevier policy or 
Elsevier PR.



The one change in Elsevier policy that one can applaud, however (though here 
too the underlying intentions were far from benign), is the CC-BY-NC-ND 
license<http://www.elsevier.com/about/policies/article-posting-policy#accepted-manuscript>
 (unless Elsevier one day decides to back-pedal on that too too). That license 
is now not only allowed but required for any accepted paper that an author 
elects to self-archive.



Let me close by mentioning a few more of the howlers that keep making 
Elsevier's unending series of arbitrary contractual bug-fixes logically 
incoherent (i.e., self-contradictory) and technically nonsensical, hence moot, 
unenforceable, and eminently ignorable for anyone who takes a few moments to 
think instead of cringe. Elsevier is trying to use pseudo-legal words to 
squeeze the virtual genie (the Web) back into the physical bottle (the old, 
land-based, print-on-paper world):



Locus of deposit:Elsevier tries to make legal distinctions on "where" the 
author may make their papers (Green) OA on the Web: "You may post it here but 
not there." "Here" might be an institutional website, "there" may be a central 
website. "Here" might be an institutional author's homepage, "there" might be 
an institutional repository.



But do Elsevier's legal beagles ever stop to ask themselves what this all 
means, in the online medium? If you make your paper openly accessible anywhere 
at all on the web, it is openly accessible (and linkable and harvestable) from 
and to anywhere else on the Web. Google and google scholar will pick up the 
link, and so will a host of other harvesters and indexers. And users never go 
to the deposit site to seek a paper: They seek and find and link to it via the 
link harvesters and indexers. So locus restrictions are silly and completely 
empty in the virtual world.



The silliest of all is the injunction that "you may post it on your 
institutional home page but not your institutional repository." What nonsense! 
The institutional home page and the institutional repository are just tagged 
disk sectors and software functions, of the self-same institution. They are 
virtual entities, created by definition; one can be renamed as the other at any 
time. And their functionalities are completely swappable or integrable too. 
That too is a feature of the virtual world.



So all Elsevier is doing by treating these virtual entities as if they were 
physical ones (besides confusing and misleading their authors) is creating 
terminological nuisances, forcing system administrators to keep re-naming and 
re-assigning sectors and functions, needlessly, and vacuously, just to 
accommodate vacuous nuisance terminological stipulations.



(The same thing applies to "systematicity" and "aggregation," which I notice 
that Elsevier has since dropped as futile: The attempt had been to outlaw 
posting where the contents of a journal were being systematically aggregated, 
by analogy with a rival free-riding publisher systematically gathering together 
all the disparate papers in a journal so as to re-sell them at a cut-rate. Well 
not only is an institution no free-rising aggregator: all it is gathering its 
own paper output, published in multiple disparate journals. But, because of the 
virtual nature of the medium, it is in fact the Web itself that is 
systematically gathering all disparate papers together, wherever they happen to 
be hosted, using their metadata tags: author, title, journal, date, URL. The 
rest is all just software functionality. And if the full-text is out there, 
somewhere, anywhere, and it is OA, then there is no way to stop the rest of 
this very welcome and useful functionality.)



The Arxiv exception. In prior iterations of the policy, Elsevier tried 
(foolishly) to outlaw central deposit. They essentially tried to tell authors 
who had been making their papers OA in Arxiv since 1991 that they may no longer 
do that. Well, that did not go down very well, so those "legal" restrictions 
have now been replaced by the "Arxiv exception": Authors making their papers OA 
there (or in RePeC) are now officially exempt from the Elsevier OA embargo.



Well here we are again: an arbitrary Elsevier restriction on immediate-OA, 
based on locus of deposit. The Pandora's box that this immediately opens is 
that all a mandating institution need do in order to detoxify Elsevier's OA 
embargo completely is to mandate immediate (dark) deposit of all institutional 
output in the institutional repository alongside remote deposit in Arxiv (which 
is already automated through the SWORD 
software<http://arxiv.org/help/submit_sword>). That completely moots all 
Elsevier OA embargoes. Yet another example of Elsevier's ineffectual nuisance 
stipulations consisting of ad-hoc, pseudo-legal epicycles, all having one sole 
objective: to try to scare authors of doing anything that might possibly pose a 
risk to Elsevier's current revenue streams, using any words that will do the 
trick, even if only for a while, and even if they make no sense.



What's next, Elsevier? "You may use this software but not this software"?



The Share Button.Although it never defines what it means by "Share Button" (nor 
why it is trying to outlaw it), if what Elsevier means is the Institutional 
Repository's copy-request 
Button<https://wiki.duraspace.org/display/DSPACE/RequestCopy>, intended to 
provide individual copies to individual copy-requestors, then this too is just 
a software-facilitated eprint request.



Whenever a user seeks an embargoed deposit, they can click the Button to send 
an email to the author to request a copy. The author need merely click a link 
in the email to authorize the software to send the copy.



So does Elsevier now want to make yet another nuisance stipulation, so the 
Button cannot be called a "Share Button," so instead the name of the author of 
the embargoed paper has to be made into an email link that notifies the author 
that the requestor seeks a copy, with the requestor's email alive, and 
clickable, so that inserting the embargoed paper's URL will attach one copy to 
the email?



Elsevier is not going to make many friends by trying to force its authors to do 
jump through gratuitous hoops in order to accommodate Elsevier's ever more 
arbitrary and absurd attempts to contain the virtual ether with arbitrary 
verbal hacks.



There are more.There are further nuisance tactics in the current iteration of 
Elsevier's charm initiative, in which self-serving restrictions keep being 
portrayed as Elsevier's honest attempts to facilitate rather than hamper 
sharing. One particularly interesting one that I have not yet deconstructed 
(but that the attentive reader of the latest Elsevier documentation will have 
detected) likewise moots all Elsevier OA embargoes even more conveniently than 
depositing all papers in Arxiv -- but I leave that as an exercise to the reader.



So Alicia, if Elsevier "admires [my] vision," let me invite you to consult with 
me about present and future OA policy conditions. I'll be happy to share with 
you which ones are logically incoherent and technically empty in today's 
virtual world. It could save Elsevier a lot of futile effort and save Elsevier 
authors from a lot of useless and increasingly arbitrary and annoying 
nuisance-rules.



Best wishes,



Stevan Harnad


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--
Michael Eisen, Ph.D.
Investigator, Howard Hughes Medical Institute
Professor of Genetics, Genomics and Development
Department of Molecular and Cell Biology
University of California, Berkeley

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