[GOAL] Fwd: ACS and Elsevier file lawsuit against ResearchGate

2018-10-03 Thread Richard Poynder 
-- Forwarded message -
From: LIBLICENSE 
Date: Thu, 4 Oct 2018 at 00:44
Subject: ACS and Elsevier file lawsuit against ResearchGate
To: 


From: Ann Shumelda Okerson >
Date: Wed, 3 Oct 2018 16:34:15 -0400

The complaint can be found here:

https://www.infodocket.com/wp-content/uploads/2018/10/acs_elsevier_rgate.pdf

US District Court -- District of Maryland

Begins :

1. This action arises from the massive infringement of peer-reviewed,
published journal articles (“PJAs”). Plaintiffs publish the articles
in their journals and own the respective copyrights. Defendant
deliberately uses infringing copies of those PJAs to drive its
business.

2. Founded in 1876, Plaintiff ACS is an internationally renowned
professional and scientific society. It publishes over 50
peer-reviewed scientific journals, primarily in the field of chemistry
and related disciplines.  Founded in 1880, Plaintiff Elsevier is an
international multimedia publishing company. Elsevier publishes
hundreds of thousands of articles annually in over 2,500 peer-reviewed
journals it maintains.  Founded in 2008, Defendant ResearchGate is a
for-profit business that owns and operates an online social network
and file sharing / download service. Each is aimed at scientists,
researchers and related professionals and located on ResearchGate’s
website at http://ResearchGate.net (the “RG Website”).

3. This lawsuit focuses on ResearchGate’s intentional misconduct
vis-à-vis its online file-sharing / download service, where the
dissemination of unauthorized copies of PJAs constitutes an enormous
infringement of the copyrights owned by ACS, Elsevier and other
journal publishers.  The lawsuit is not about researchers and
scientists collaborating; asking and answering questions; promoting
themselves, their projects, or their findings; or sharing research
findings, raw data, or pre-prints of articles.

4. ResearchGate’s infringing activity is no accident. Infringing
copies of PJAs are a cornerstone to ResearchGate’s growth strategy.
ResearchGate deliberately utilizes the infringing copies to grow the
traffic to its website, its base of registered users, its digital
content, and its revenues and investment from venture capital.
ResearchGate knows that the PJAs at issue cannot be lawfully uploaded
to and downloaded from the RG Website.  Nevertheless, in violation of
the rights of ACS, Elsevier, and others, ResearchGate uploads
infringing copies of PJAs and encourages and induces others to do so.
ResearchGate finds copies of the PJAs on the Internet and uploads them
to computer servers it owns or controls.  In addition, ResearchGate
lures others into uploading copies of the PJAs, including by directly
asking them to do so, encouraging use of a “request full-text”
feature, and misleadingly promoting the concept of “selfarchiving.”
ResearchGate is well aware that, as a result, it has turned the RG
Website into a focal point for massive copyright infringement.

[AND SO ON]
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[GOAL] Elsevier, the European Commission, and the Open Science Monitor

2018-10-03 Thread Richard Poynder 
Forwarding from the Scholcomm mailing list.

 

>>> 

Dear all,

 

As I'm sure many of you are aware, recently around 1100 researchers from

around the world signed a complaint regarding Elsevier and their role in

the European Commission's Open Science Monitor.

 

Now, the Directorate-General of Research and Innovation, Jean-Eric Paquet,

has provided a full response, available online here:

https://zenodo.org/record/1443395#.W7Ta22j0lPZ (posted with permission).

There is also a version here that can be annotated using Hypothes.is:

https://docdrop.org/pdf/Annex-to-letter-to-Jon-Tennant-1--BbPfR.pdf/

 

At this stage, while much clarity has been provided into the process and

situation, there are still many apsects which remain unclear or unresolved.

Thus, I invite you all to participate in the ongoing discussion by

annotating the response, sharing with your colleagues, and contributing

your own views and comments. It might be the case that a follow up response

is required, depending on how satisfactory the community regards this

letter.

 

Best,

 

Jon

 


--

 

*  Nomadic Palaeontologist, Rogue Open Scientist; PhD, MEarthSci, MSc*

 

   - Founder of *paleorXiv* , a free digital

   publishing platform for Palaeontology

   - Companion Website 

   - Founder of the *Open Science MOOC

   *

  - Project development on GitHub 

   - Freelance science communicator and consultant

   - Author of Excavate! Dinosaurs

 


and

  World of Dinosaurs (coming 2018)

   - Executive Editor of Geoscience Communication

   

   - Editor for the PLOS Paleo Community 

 

*Personal website  - Home of the Green Tea and

Velociraptors blog.*

 

*ORCID:* -0001-7794-0218 

*Twitter:* @protohedgehog



 

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