Dove Medical Press is one open access publisher with an approach to 
noncommercial that helps to explain the push for the most liberal CC licenses. 
The use of noncommercial for Dove is clearly intended solely to protect the 
publisher's financial interests. (Others reasons for using NC licenses are 
protection of author and research subject rights and the OA status of the works 
themselves). 

What is unusual though is that DMP is claiming copyright in hyperlinking. This 
is one of the most dangerous arguments of copyright maximalists, in my opinion. 
Imagine if we had to clear copyright every time we cite a work? That's the 
world of linking-requires-permissions.

The Dove commercial re-use PDF is available here:
http://www.dovepress.com/cr_data/2013_Terms_for_Dove_website_re_commercial_re-use.pdf

I have copied the most pertinent language and added comments in my blogpost, 
Open Access: current issues in copyright and licensing:
http://poeticeconomics.blogspot.ca/2015/05/open-access-publishing-current-issues.html

This copying is covered by my fair dealing rights to copy portions of texts for 
purposes of academic research and critique. These rights apply regardless of 
the licensing status of the original works. Sometimes scholars we need to 
critique works that the copyright holders actually don't want to share. Fair 
use / fair dealing needs to be part of the broader discussion on re-use in 
scholarly works.

best,

-- 
Dr. Heather Morrison
Assistant Professor
École des sciences de l'information / School of Information Studies
University of Ottawa
http://www.sis.uottawa.ca/faculty/hmorrison.html
Sustaining the Knowledge Commons http://sustainingknowledgecommons.org/
[email protected]



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